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O-47-09 06-22-2009N~~li Doc#: 0917610031 Fee: $462.00 Eugene "gene" Moore Cook County Recorder of Deeds Date: 06125!2009 01:48 PM Pg: 0 ORDINANCE NO. U ~ ~ ~ ~ U AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR 18.290 ACRES LOCATED NORTHWEST OF WALKER ROAD AND MAIN STREET (Windsor Courts) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY This 22nd day of June, 2009 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, this 22nd day of June 2009. ORDINANCE NO. U"~7"v~ AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR 1$.290 ACRES LOCATED NORTHWEST OF WALKER ROAD AI~tD MAIN STREET (Windsor Courts) WHEREAS, Morgan Development Group has petitioned the Village of Lemont for annexation of 18.290 acres located at the northwest corner of Walker Road and Main Street, and which is the subject of an Annexation Agreement; and WHEREAS, a copy of said Annexation Agreement has been attached hereto and included herein as Exhibit A; and WHEREAS, Morgan Development Group is ready, willing, and able to enter into said agreement and perform the obligations as required therein; 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 LEMONY, COUNTIES OF COOK, DUPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS: Section 1. That the President is hereby authorized and directed, and the Village Clerk is directed to attest to a document known as "Windsor Courts Annexation Agreement," a copy of which is attached as Exhibit A. 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. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE. VILLAGE OF LEMONY, COUNTIES OF COOK, DUPAGE, A~~1D WILL, ILLINOIS, on this 22nd day of June, 2009. AYES Debby Blatzer Paul Chialdikas Clifford Miklos Rick Sniegowski Ron Stapleton Jeanette Virgilio NA/YS ABSTAIN ABSENT V Approved by me this 22nd day of June, 2009 .. ~> ~2EAV S, Village President Attest: „~ ENE SMOLLEIl~, Village Clerk 1 WIi~3DSOR COURTS A1~INEXATIOIV AGREEMENT 2 3 4 ARTICLE TITLE s ~ I Definitions 7 8 II Annexation 9 10 III Zoning and Land. Use Restrictions 11 Zoning and Development Plans - 12 ^ UD4 Exceptions 13 Reversion of PUD & Toning 14 ^ Other Standards IS - 16 IV Required linpravements 17 ^ Water Supply 18 Sanitary and Storm Sewers 19 Detention Areas 20 ^ Other Improvements 21 = Recapture Fee 22 23 V Dedication and Construction of Streets 24 ^ Dedication and Acceptance of Streets 25 Snow Plowing of Streets before Acceptance 26 ^ Debris 27 28 VI Construction of Other improvements 29 30 VII Maintenance of Public Improvements & Common Areas 31 ^ Owners Guarantee 32 ^ Maintenance Bond 33 34 VIII Damage to Public Improvements 35 36 IX Contributions 37 38 X Easements and Utilities 39 40 XI Approval of Plans 41 42 XII Binding Effect and Term and Covenants Running with the 43 Land 44 4S XIII Notices 46 47 XIV Security Interests ' I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 XV Warranties and Representations XVI Continuity of Obligations XVII No Waiver or Relinquishment of Right to Enforce. Agreement XVIII Village Approval or Direction XIX Singular and Plural XX Section Headings and Subheadings XXI Recording XXII Authorization to Execute XXIII Amendment XXIV Counterparts XXV Curing Default ~S:XVI Conflicts between the Text and Exhibits ~S:XVII Severability XXVIII Reimbursement to Village for Legal and Other Fees i Expenses ^ To Effective Date of Agreement • From and After Effective Date of Agreement XXIX Lender Consent ~S:XX Execution of Agreement EXHIBIT TITLE A Plat of Annexation, prepared by Area Survey Company B Site Plan, prepared by N. Batistich, Architects and dated April 15, 2008 C Engineering Plans, prepared by Hoefferle-Butler Engineering, Inc., dated 06-06-08 ii 2 D Landscape Plan, prepared by Landscape Architect Lang F. 3 Beiswanger, undated 5 E The exteriors of buildings will be in compliance with the 6 Proposed Street Elevations, prepared by INT. Batistich, 7 Architects, undated 9 F "Traffic Impact and Access Study, Three Proposed 10 Residential Developments, Lemont, Illinois," prepared by 11 Kenig, Lindgren, O'Hara, Aboona, Inc., and dated April b, 12 2009 13 14 iii 1 ANNEXATION AGREEMENT 3 THIS ANNEXATION AGREEMENT, is made and entered into this,~~day ofd, 4 200between the Village of Lemont, a municipal corporation of the Counties of Cook, DuPage 5 and Will, in the State of Illinois (hereinafter referred to as "the VILLAGE") and Morgan b Development Group, Inc. (hereinafter referred to as "OWNER"); the Village and OWNER are 7 hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties"; and, 8 9 WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as 10 the "TERRITORY "), the legal description of which is attached hereto as Exhibit "A" and by this 11 reference made a part hereof; and, 12 13 WHEREAS, the OWNER filed a Petition for Annexation of the TERRITORY to the 14 VILLAGE (hereinafter, the "Petition") that requested annexation of the TERRITORY subject to 15 execution of an annexation agreement acceptable to the OWNER and the VILLAGE; and, 16 17 WHEREAS, the TERRITORY has not been annexed to any municipality; and, 1$ 19 WHEREAS, the TERRITORY constitutes an area that is contiguous to and may be 20 annexed to the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7-1-1, et. 21 seq.; and, 22 23 WHEREAS, the OWNER and VILLAGE agree that they will be bound by the terms of 24 this Annexation Agreement; and, 25 26 WHEREAS, the VILLAGE would extend its zoning, building, health and other 27 municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE 28 from possible undesirable or inharmonious use and development of unincorporated areas 29 surrounding the VILLAGE; and, 30 31 WHEREAS, the new boundaries of the VILLAGE, resulting from this Annexation shall 32 extend to the far side of every highway and shall include all of every highway not already 33 annexed; and, 34 35 WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11-15.1 of the 36 Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the 37 TERRITORY and various other matters; and, 38 39 WHEREAS, pursuant to the provisions of the Statute, the corporate authority of the 4o VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has 41 given notice of said hearing; and, 42 43 WHEREAS, the corporate authority of the VILLAGE has considered the Annexation of 44 the TERRITORY described in the Petition and has determined that the best interest of the 45 VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in 46 accordance with the provisions of the Agreement. 2 NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants 3 hereinafter contained, the Parties agree as follows: 4 5 I 6 7 DEFINITIONS 8 9 BUILDING CODE The code or codes governing the erection and maintenance of buildings. l0 1 l COMMON AREA A parcel of land or an area of water, or combination thereof, and any 12 improvements thereon, within a designated development tract (such as a subdivision) which is 13 designed for common use or benefit and not reserved for the exclusive use or benefit of an 14 individual tenant or owner. Examples of common areas include, but are not limited to: green 15 open spaces, parking lots, and pedestrian walkways. 16 17 FINAL ENGINEERING PLAN A plan, signed and sealed by a licensed professional engineer 18 registered in the state of Illinois that meets the requirements for a final engineering plan in the 19 Unified Development Ordinance. A final engineering plan depicts all public and private support 20 facilities including, but not limited to: roads, sidewalks, drainage ditches, culverts and water 21 retention areas, sanitary sewers, storm sewers, water supply lines, and illumination. 22 23 FINAL LANDSCAPING PLAN A plan, signed and sealed by a registered landscape architect 24 that meets the requirements for a final landscape plan in the Unified Development Ordinance. 25 26 FINAL PLAT A plat of all or a portion of a subdivision or site plan that is presented to the 27 Village for final approval. 28 29 PLAT A document, prepared by a registered surveyor or engineer that delineates a tract of land, 30 showing the boundaries and locations of individual properties and streets. 31 32 PLAT OF ANNEXATION A plat that depicts the property to be annexed. 33 34 PROPERTY A lot, parcel, tract or plot of land together with the buildings and structures 35 thereon. 36 37 PUBLIC IMPROVEMENT Any improvement, facility, or service together with its associated 38 public site or right-of--way necessary to provide transportation, drainage, public or private 39 utilities, energy, ar other essential services. 40 41 UNIFIED DEVELOPMENT ORDINANCE Ordinance 0-7-0$, as amended. 42 43 44 45 46 47 2 1 II 3 ANNEXATION 4 5 Subject to the provisions of Chapter 65, Article 5 Section 7 of the Illinois Municipal 6 Code, the parties hereto respectively agree to do all things necessary or appropriate to cause the 7 TERRITORY to be validly annexed to the VILLAGE as promptly as possible after execution of 8 this agreement. 9 1o The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "A". Said Plat 11 extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already 12 annexed and includes all of every highway within the TERRITORY so annexed. Upon adoption 13 of an ordinance annexing the TERRITORY to the VILLAGE, the Village Clerk shall cause a 14 copy of said ordinance and said Plat to be duly recorded with the Cook County Recorder, and 15 duly filed with the Cook County Clerk. The Village Clerk shall also send notice of annexation of 16 the TERRITORY to the Cook County Elections Department and the U.S. Post Office branch 17 serving the TERRITORY by certified or registered mail. 18 19 20 III 21 22 ZONING AND LAND USE RESTRICTIONS 23 24 Zoning & Development Plans. Upon the Annexation of the TERRITORY to the 25 VILLAGE, the parcel(s) shown on the Plat of Annexation attached as Exhibit "A" shall be 26 classified under the existing zoning ordinance, as amended, as R-5 Special Use. Prior to the date 27 of this Agreement, such public hearings as are necessary to enable the VILLAGE lawfully to 28 grant said zoning classification as to the TERRITORY have been conducted upon proper notice, 29 and no further action need be taken by the OWNER to cause the TERRITORY to be rezoned as 30 R-5 Special Use once the TERRITORY is annexed to the VILLAGE. The TERRITORY shall be 31 developed in accordance with a PUD Final Plan/Plat that shall be submitted to and approved by 32 the VILLAGE in accordance with the Unified Development Ordinance. The development shall 33 be divided into phases. Based upon the preliminary plans and subject to approval of final 34 engineering plans, Phase I shall consist of maximum of 68 single-family attached dwelling units 35 (town homes) located between Main Street and the Canadian National Railway tracks. Phase II 36 shall consist of a maximum of 128 single-family attached dwelling units (town homes) located 37 between the Canadian National Railway tracks and the I&M Canal. The number of dwelling 38 units listed above for each phase are maximums only, and the VILLAGE makes no guarantee that 39 PUD Final Plan/Plat shall be approved with these numbers of units. Per the Unified 4o Development Ordinance, the PUD Final Plan/Plat shall retain the design characteristics of the 41 approved PUD Preliminary Plan/Plat and shall be in substantial compliance with the following: 42 43 Site Plan, prepared by N. Batistich, Architects and dated April 15, 2008, attached hereto and 44 incorporated herein as Exhibit B; and 45 46 Engineering Plans, prepared by Hoefferle-Butler Engineering, Inc., dated 06-06-08, to be 47 modified in accordance with recommendations of KLOA Traffic Impact Study (Exhibit F), t attached hereto and incorporated herein as Exhibit C; and 3 Preliminary Landscape Plan, Landscape Plan, prepared by Landscape Architect Lang F. 4 Beiswanger, undated, attached hereto and incorporated herein as Exhibit D; and 6 The exteriors of buildings will be in compliance with the Proposed Street Elevations, prepared by 7 N. Batistich, Architects, undated, attached hereto and incorporated herein as Exhibit E. 8 9 UDO Exceptions. The Planned Unit Development Ordinance of the Village makes l0 provision for exceptions to the requirements of the Unified Development Ordinance in order to l 1 promote and allow innovation and flexibility of design in keeping with the public interest and 12 welfare. As provided for in Chapter 17.08 {Planned Unit Developments) of the Lemont Unified 13 Development Ordinance, the VILLAGE has deemed it appropriate to approve the following 14 selected bulk exceptions as part of the Planned Unit Development for Windsor Courts: is 16 Decorative street lights shall be used instead of the standard street lights provided: (1) The 17 Village Engineer shall review and approve the photometric plan for the decorative light standards 18 (pole and luminaire); and {2) the OWNER shall provide the Lemont Public Works Department 19 with additional replacement poles and luminaries in a number as prescribed by the Lemont 20 Public Works Department. 21 22 Concurrently with recording of the Final Plat of Subdivision, the OWNER shall record a 23 Declaration of Covenants, Conditions and Restrictions for Windsor Courts Subdivision in a form 24 presented to and approved by the VILLAGE. 25 26 The conditions of the Annexation Agreement relating to the development of the 27 TERRITORY incorporated herein by reference and made a condition to the grant of this special 28 use zoning for the planned unit development shall survive the expiration of the Annexation 29 Agreement and shall remain in effect unless or until the zoning of the property has been altered 3o in accordance with law. 31 32 Reversion of PUD and Zoning. The Planned Unit Development approval, and the bulk 33 exceptions granted therein, shall lapse in the event the OWNER does not file a complete 34 application for a PUD Final Plan/Plat within one year of the effective date of this Annexation 35 Agreement. In the event the OWNER does not file a complete application for a PUD Final 36 Plan/Plat within one year of the effective date of this Annexation Agreement, the zoning of the 37 TERRITORY shall revert to the R-1 Single-Family zoning district. 38 39 Other Standards. The Village agrees that the above standards shall govern with respect to 40 the development of the TERRITORY in any case in which the standards of the Unified 41 Development Ordinance now or hereafter shall conflict with the standards listed above. The 42 Village agrees that the above standards shall govern with respect to development of the 43 TERRITORY in any case in which no applicable standards are provided in the Unified 44 Development Ordinance. In any case in which the Unified Development Ordinance contains 45 applicable standards that do not conflict with the above standards, the standards of the Unified 46 Development Ordinance shall govern with respect to the development of the TERRITORY. 47 i It is understood and agreed, except as otherwise provided for herein, the Unified 2 Development Ordinance, Building Code and all other ordinances including all fees and charges 3 of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as 4 the same may from time to time be amended and enforced throughout the VILLAGE, shall apply 5 to the TERRITORY. In the case of a comprehensive amendment to the VILLAGE'S Zoning 6 Ordinance, the TERRITORY shall be designated the zoning district most comparable to the R-5 7 Single-Family Attached zoning district, 8 9 to IV 11 REQUIRED IMPROVEMENTS 12 13 Water Supply. Unless otherwise approved as part of this agreement, the OWNER shall 14 construct and install at their expense all necessary water mains to service the TERRITORY. All 15 water mains shall be constructed and installed in accordance with the Unified Development 16 Ordinance of the VILLAGE and final engineering plans approved by the VILLAGE. The 17 VILLAGE agrees to permit connection of the aforementioned water mains to the water facilities 18 of the VILLAGE and to furnish water service on the same basis as said services are furnished to 19 other parts of the VILLAGE. 20 21 In addition to the necessary on-site water mains, valves, hydrants, service lines and other 22 necessary appurtenances, the OWNER shall design anoff-site water main extension between the 23 TERRITORY and the existing VILLAGE water main at the intersection of 4th Street and Main 24 Street in Lemont, and shall be responsible for the extension of the water main from said 25 intersection to the TERRITORY. The OWNER shall be responsible for securing all necessary 26 easements to extend the water main and for all required permits for construction of the water 27 supply system, including but not limited to permits or approvals from governments or agencies 28 other than the VILLAGE. 29 30 Sanitary and Storm Sewers. Unless otherwise approved as part of this agreement, the 31 OWNER shall construct and install at their expense all necessary sanitary and storm sewers to 32 service the TERRITORY in accordance with the Unified Development Ordinance of the 33 VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to 34 permit connection of the aforementioned sanitary sewers to the sanitary sewer facilities of the 35 VILLAGE and to furnish sewer service on the same basis as said services are fizrnished to other 36 parts of the VILLAGE. OWNER agrees that no surface water is to be discharged into the sanitary 37 sewerage collection system and will make adequate provisions that this will not occur. Tap-on 38 fees required by the Village shall not be waived. All sanitary and storm sewers shall be owned 39 and maintained by the VILLAGE, with right of access by the Village for emergency management 4o purposes. 41 42 Detention Areas. Unless otherwise approved as part of this agreement, the OWNER 43 agrees to construct and install at their expense detention basin(s) and appurtenant structures such 44 as drains, inlets, and outlets in accordance with the Unified Development Ordinance of the 45 VILLAGE and final engineering plans approved by the VILLAGE. The stormwater detention 46 basin(s) and appurtenant structures is/are to be conveyed to and owned by the HOMEOWNERS 47 ASSOCIATION. 2 Other Improvements. Unless otherwise approved as part of this agreement, the OWNER 3 agrees to construct and install at their expense all other improvements in accordance with the 4 requirements of the Unified Development Ordinance of the VILLAGE and final engineering 5 plans approved by the VILLAGE. 6 7 V 9 DEDICATION AND CONSTRUCTION OF STREETS io 11 Dedication and Acceptance of Streets. The OWNER shall design streets within the 12 TERRITORY according to Article II of this Agreement that comply with the standards of the i3 VILLAGE Unified Development Ordinance for local streets. All streets shall be constructed in 14 accordance with the final engineering plans approved by the Village. The Walker Road 15 extension, i.e. the roadway north of Main Street, shall be a dedicated public street. All other 16 interior streets will be private streets to be conveyed to the homeowners association. 17 18 The OWNER shall provide access to each residential unit. Any street right-of--way not 19 already dedicated at the time of annexation shall be dedicated in the final plats of each unit. The 20 Village shall accept the dedication of said street right-of--way and the construction of streets and 21 public sidewalks upon the completion by the OWNER of said improvements in accordance with 22 ~ the Village's construction standards and Unified Development Ordinance, as modified by the 23 Agreement. The acceptance by the Village shall be evidenced by a corporate resolution. It is 24 understood that in constructing the streets and public sidewalks the OWNER shall post a letter of 25 credit after which the OWNER may proceed to construct said streets. The final wearing surface 26 shall not be installed until a period of nine (9) months after installation of the base or until 27 construction traffic has generally ceased on any street, whichever is later. Upon installation of 2s the base, the letter of credit may be reduced to an amount sufficient to cover the work yet to be 29 performed (with applicable multiplier), plus the amount of the maintenance bond. Upon 3o completion of all public improvements, and after acceptance by the Village Board, the letter of 31 credit shall be released; however, the OWNER shall be responsible for correcting deficiencies in 32 material and equipment for a period of two (2) years after acceptance to secure that obligation. 33 The OWNER shall post for a period of two (2) years thereafter, a maintenance bond or other 34 security to cover possible repairs to said streets. After completion of the construction and 35 acceptance of any street, and if construction traffic of the OWNER continues to utilize that street, 36 the OWNER shall be responsible for keeping the street free from constructian debris and for 37 repair of damages to the street caused by the OWNER's construction traffic. Except as otherwise 3s provided herein, after dedication of any street right-of--way at the time of final plat, the 39 VILLAGE shall enforce traffic and other regulations as to the street right-of--way. Except as 40 otherwise provided herein, after acceptance of the construction of any public street within the 41 TERRITORY, the VILLAGE shall provide for street cleaning, snow removal, refuse collection, 42 and other maintenance thereon. All deliveries of construction supplies or materials shall be 43 restricted to certain streets or temporary haul roads designated by the VILLLAGE. 44 45 Snow Plowing of Streets before Acceptance. The OWNER and the VILLAGE 46 acknowledge that until the streets in any platted subdivision of the TERRITORY are accepted by 47 the VILLAGE, the VILLAGE shall have no obligation to keep the streets plowed of ice and snow 1 (snowplowed). It is agreed, however that for any platted subdi~.~ision that shall be or is likely to 2 be occupied in whole or in part for a winter season, the VILLAGE, at its option, may keep the 3 streets snowplowed for that season. 5 if the VILLAGE should desire to provide season-long snowplowing for a development or 6 apart thereof, it shall notify the then owner of the unaccepted streets in waiting of such intent by 7 August 1 of the year in question. The notice shall contain an estimate of the cost of snowplowing 8 and unit price or prices used by the VILLAGE in developing such costs. The OWNER shall 9 deposit with the VILLAGE an irrevocable letter of credit from a financial institution in a form to provided by the Village Attorney to guarantee payment of the estimated amount by September 15 l i of the year in question. At the end of the snow season, the VILLAGE will release the amount of 12 the letter of credit providing all payments due to the VILLAGE have been made. During the 13 season, the VILLAGE shall allow the amount of the letter to be reduced provided that the amount 14 in the letter of credit is not reduced below the level anticipated to be expended based on the 15 current best-cost estimate. The OWNER shall be obligated to pay the actual reasonable cost to 16 the VILLAGE of its snowplowing services within the TERRITORY rather than the amount of an 17 estimate. Payment shall be made within ten days from the date of the bill. i8 19 Debris. The OWNER shall be required to keep all streets within and adjoining the 20 TERRITORY free from mud and debris generated by any new construction activity on the 21 TERRITORY. 22 23 24 `III 25 26 CONSTRUCTION OF OTHER IMPROVEMENTS 27 2s The construction and installation of the public improvements to be done by OWNER may 29 be commenced at any time after the OWNER received a site development permit from the 30 VILLAGE and has delivered to the VILLAGE an irrevocable letter of credit, in a form 31 satisfactory to, and from a bank or other financial institution approved by, the VILLAGE in the 32 amount of 115% of the OWNER Engineer's estimate of the cost of construction and installation 33 of all such public improvements as approved by the VILLAGE Engineer, including all required 34 lighting, sidewalks, landscaping, street trees, sewer and water lines and storm water management 35 facilities, except to the extent such facilities are to remain private. At no time shall the Letter of 36 Credit funds be utilized by the OWNER for the future payment of contractors, materials, salaries 37 and wages, and the like. The VILLAGE makes no guarantees regarding the timely reduction of 38 said Letter of Credit and therefore should not be used for time-sensitive payment purposes. The 39 VILLAGE Engineer may, in his/her discretion, recommend the amount of said letter of credit to 4o be reduced, from time to time, as major public improvements are completed, upon approval of 41 the VILLAGE Board. 42 43 The OWNER, at the OWNER's own cost, agrees to provide the VILLAGE "as built," 44 engineering plans and specifications upon substantial completion of the public improvements or 45 at the request of the VILLAGE Engineer, but in no event later than the time required by the 46 Unified Development Ordinance as amended. 47 1 Walker Road Extension. The OWNER shall pay for the construction of Walker Road to 2 extend from Main Street (also known as "Chicago-Joliet Road") north to the Canadian National 3 railroad track . 5 Intersection Improvements. The OWNER shall pay for the following improvements to 6 the intersection of Walker Road and the Main Street: 7 8 a. The widening of Main Street and the addition of a center lane just west of the 9 proposed full access driveway to the Heritage Park development and continuing to the 10 east of Walker Road. This center lane will provide an exclusive eastbound and 11 westbound left-turn lane at the intersection with Walker Road. 12 13 b. A westbound right-turn lane on Main Street at its intersection with Walker Road. 14 15 c. A flared approach on the extension of Walker Road at its intersection with Main 16 Street (southbound approach) to allow right-turn movements when a vehicle is 17 waiting to make a left turn or through movement maneuver. 18 19 d. Additional intersection improvements, to include signalization, if required by the 20 Illinois Department of Transportation or any other government entity having 21 jurisdiction over Walker Road and/or Main Street. 22 ' 23 The above listed improvements shall be incorporated into the final engineering plans and final 24 site plans. 25 26 The OWNER, at the OWNER's expense, agrees to pay for the full costs associated with 27 the signalization and road improvements necessary to complete an at-grade crossing over the 28 Canadian National Railway (former Illinois Central Gulf tracks) that bisect the two phases of 29 development. The VILLAGE agrees to assist the OWNER in pursuing grant money to assist in 3o the funding of the grade crossing signalization and improvements. The VILLAGE also agrees to 31 assist the OWNER in obtaining all required approvals for the installation of said at-grade 32 crossing. 33 34 All of the public improvements contemplated herein shall, upon acceptance thereof by the 35 VILLAGE, become the property of VILLAGE and be integrated with the municipal facilities 36 now in existence or hereinafter constructed and VILLAGE thereafter agrees to maintain said 37 public improvements. Acceptance of said public improvements shall be by resolution of the 38 President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer 39 Consultant has issued his Certificate of Inspection affirming the improvements have been 40 constructed in accordance with approved Engineering Plans and Specifications. OWNER agrees 41 to convey by appropriate instrument and VILLAGE agrees to promptly accept, subject to terms 42 hereof, the public improvements constructed in accordance with the Approved Engineering Plans 43 and Specifications. 44 45 The OWNER agrees not to let debris or excessive construction waste accumulate on the 46 TERRITORY. 47 2 VII 3 ~ MAINTENANCE OF I'USLIC .MPI2C3VENIENTS & +CONJEVIQN AREAS s 6 Owners Guarantee. The OWNER hereby guarantees the prompt and satisfactory 7 correction ofall defects and deficiencies in the improvements that occur or become evident s within two years after approval and any acceptance of the improvements by the VILLAGE 9 pur§uant to this agreemerit~ If any defect or deficiency occurs or becomes evident during the l0 two-year period, then the OWNER shall, after ten days prior written notice from the VILLAGE t ~. {su.bject to Force Majeure}, correct it or cause it to be corrected. In the event any improvement is t2 repaired or replaced pursuant to the demand of the VILLAGE, the Guarantee provided in this i3 Section VII shall be extended, as to the repair or replacement, for two full years from the date of Z4 the repair or replacement. 15 16 If any public improvements or common areas within the TERRITORY are to be privately z7 owned and maintained, then the OWNER shall, at its sole cost and expense, maintain the 18 improvements and areas within the TERRITORY without any modification, except as 19 specifically approved by the VILLAGE, in a first-rate condition at all times unless an owners' zo association is established and assumes responsibility for improvements or areas. In the event the 21 VILLAGE determines, in the VILLAGE'S sole and absolute discretion, that the O~TNER is not 2z adequately maintaining, or has not adequately maintained, any improvement or area, the 23 VILLAGE shall have the right, but not the obligation, after ten days prior written notice to ,the 24 OWNER, to enter an any or alI of the TERRITORY for the purpose of performing maintenance 25 work on any affected improvement or area. In the event that The VILLAGE shall cause to be 2G performed any work pursuant to this Section VII the VILLAGE shall have the right to draw from 2~ the performance securities deposited pursuant to this Section of the agreement, or the right to 28 demand immediate payment directly from the OWNER based on. costs actually incurred or on 29 the VILLAGE'S reasonable estimates of costs to be incurred, an amount of money sufficient to 3o defray the entire casts of the work, including without limitation, legal fees and administrative 31 expenses. The OWNER shall, after demand the VILLAGE, pay the required amount to the 32 VILLAGE. 33 34 If an owners' association is established and assumes responsibility for any public 35 improvements and/or common areas within the TERRITORY, the owners' association shall, at 36 its sole cost and expense, maintain the improvements and areas without any.modification, except 37 as specifically approved by the VILLAGE, in a first-rate condition at all times. In the event the 38 VILLAGE determines, in the VILLAGE'S sole and absolute discretion, that the owners' 39 association is not adequately maintaining, or has not adequately maintained, any improvement or 4o area, the VILLAGE shall have the right, but not the obligation, after ten days prior written notice 41 to the owners' association, to enter on any or all of the TERRITORY for the purpose of 42 performing maintenance work on any affected improvement or area. In the event that the 43 VILLAGE shall cause to be performed any work pursuant to this Section VII the VILLAGE 4.4~ shall have the right {i} to assess the membership of the owners' association for that work, (ii} to 45 file a lien against the property of the owners' association or the property of any member failing 46 to pay the assessment, and (iii} to enforce the lien in the manner provided by law for mortgage 47 foreclosure proceedings. 2 .Maintenance Bond. At the time or times of acceptance by the VILLAGE of the 3 installation of any part, component, or alI of any public improvement in accardance with this 4 Section, or any other section of the Agreement, the OWNER shall deposit with the VILLAGE a 5 maintenance bond in the amount of ten percent (10%j of the cost of the installation of the public 6 improvement accepted by VILLAGE. This bond shall be deposited with the VILLAGE and 7 shall beheld by the VILLAGE for a period of twenty-four {z4j months after completion and s acceptance of alI improvements. In the.event of a defect in material and/or workmanship within 9 said period, then said security shall tiot be returried unfit correction of saidde~'ect and acceptance 10 by the VILLAGE of said corrections. 11 12 13 VIII 14 is DAMAGE TO PUBLIC IMPROVEMENTS 16 17 The OWNER shall replace and repair any damage to public improvements installed 18 within, under or upon the subject realty resulting from construction activities by OWNER, their 19 successors or assigns and their employees, agents, contractors or subcontractors during the term 20 of this Agreement. The OWNER shall have no obligation hereunder with respect to damage 21 resulting from ordinary usage, wear and tear. 22 23 24 IX 25 z6 CONTRIBUTIONS 27 28 For each development phase, the OWNER shall make cash contributions at the time a 29 PUD Final Plan/I'lat application is filed with the VILLAGE, in accardance with the ordinances 30 of the VILLAGE. The contributions listed in this section below are based upon the number of 31 dwelling units approved in the PUD Preliminary PIan/Plat. Contributions will be decreased, in 32 accordance with Chapter 17.18 of the Unified Development Ordinance, if the number of 33 dwelling units is decreased in at the time of Final Plat. If a complete Final PIanlPlat application 34 is Eled within one year of the effective date of this Agreement, the required maximum 35 contributions shall be as follows: 36 37 Phase I -Maximum of 68 units 38 39 • Parlc and Recreational Purposes -OWNER shall pay $219,261.00 to the VILLAGE 4o for park and. recreational purposes. If the. TERRITORY is developed in phases, the 41 donation shall be paid on a pro-rata basis based upon the number of lots in the phase far 42 which the Final PIanlPlat is being recorded. 43 • Cash in Lieu of Elementary School Site -OWNER shall pay $45,402.98 for the benefit 44 of the Lemont-Bromberek School District 113A. If the TERRITORY is developed in 45 phases, the donation shall be paid on a pro-rata basis based upon the number of lots in the 46 phase for which the Final Plan/Plat is being recorded. IO z • Cash in Lieu of High Schaol Site - OWNER shall pay $12,604.00 for the benefit of the 2 .Lemont Township High School District 210. If the TERRITORY is developed in .phases, 3 the donation shall be paid on a pro-rata basis based upon the number of lots in the phase 4 for which the Final Plan/Plat is being recorded. 5 • Fire Protection -OWNER shall pay $6,800 for the benefit of the Lemont Fire 6 Protection District. If the TERRITORY is developed in phases, the donation shall be 7 paid on a pro-rata basis based upon the number of lots in the phase for which the Final _ _._8 _ _ Plan/Plat is being recorded: __ _ . _ _ .. __ _. _ _ _ .. . 9 Cash in Lieu of Library Site -OWNER shall pay $6,667.00 for the benefit of the zo Lemont Library District. If the TERRITORY is developed in phases, the donation shall t 1 be paid on a pro-rata basis based upon the number of lots in the phase for which the Final 12 PIanlPlat is being recorded. 13 Public Safety Trnpact Fee -OWNER shall pay $68,000 to the VILLAGE far a public 14 safety impact fee. If the TERRITORY is developed in phases, the fee shall be paid on a is pro-rata basis based upon the number of lots in the phase for which the Final Plan/Piat is id being recorded. i7 • Annexation Fee - A total of $49,000 for annexation fees shall be paid to the VILLAGE is for annexation fees. At the time of annexation, $5,000 shall be paid. The remaining 19 $$44,000 at the time of recording of the initial Final Plan/Plat. 20 21 Phase II -Maximum of 128 units 22 • Park and Recreational Purposes -OWNER shall pay.$412,833.00 for OWNER shall 23 pay $219,261..00 to the VILLAGE for park and recreational purposes. If the 24 TERRITORY is developed in phases, the donation shaII be paid on a pro-rata basis based 25 upon the number of lots in the phase far which the Final P1an/Plat is being recorded. 26 • Cash in Lieu of Elementary School Site -OWNER shall pay $85,559.13 for the 27 benefit of the Lemont-Bromberek School District 113A. If the 'TERRITORY is 28 developed in phases, the donation shall be paid on a prarata basis based upon the 29 number of fats in the phase for which the Final Plan/Plat is being recorded. 30 • Cash in Lieu of High School Site -OWNER shall pay $23,740.00 for the benefit of the 31 Lemont Township I-Iigh School District 210. If the TERRITORY is developed in phases, 3z the donation shall be paid on a pro-rata basis based upon the number of lots in the phase 33 for which the Final PIan/Plat is being recorded. 34 • Fire Frotection -OWNER shall pay $12,800 for the benefit of the Lemont Fire 35 Protection District. If the TERRITORY is developed in phases, the donation shall be 36 paid on a pro-rata basis based upon the number of lots in the phase for which. the Final 37 Plan/Plat is being recorded. 38 • Cash in Lieu of Library Site -OWNER shall pay $12,552.88 for the benefit of the 39 Lemont Library District. If the TERRITORY is developed in phases, the donation shall 4o be paid on a pro-rata basis based upon the number of lots in the phase for which the Final 4t Plan/Plat is being recorded, II i Public Safety Impact Fee -OWNER shall pay $128,OOQ to the VILLAGE for a public 2 safety Impact fee. If the TERRITORY is developed in phases, the fee shall be paid on a 3 pro-rata basis based upon the number of lots in the phase for which the Final Plan/Plat is 4 being recorded. 6 If a complete Final Plan/Plat application is submitted to the VILLAGE more than one {1) 7 year after the effective date of this Agreement, the aforesaid contributions shall be paid in - . - ....___.s.-...amounts.calculated..in.accordance._with..thetermsofthe.ordinancesofthe-VILE-AGE-in-effectat.. ...__ ..... .. . 9 the time such Final Plan or Plat is submitted to the VILLAGE. Io I I The OWNER agrees that any and all contributions, dedications, donations, and easements I2 provided for in this Agreement substantially advance legitimate governmental interests ofthe 13 VILLAGE, including but not limited to, providing its residents, and in particular the future I4 residents of the TERRITORY, with access to and use of public facilities, libraries, schools, parks 15 and recreational facilities, police protection, and emergency services. The OWNER further I6 agrees that the contributions, dedications, donations and easements required by this Agreement 17 are uniquely attributable to, reasonably related to, and made necessary by the development of the I8 TERRITORY. I9 20 21 X 22 23 EASEMENTS AND UTILITIES ,24 25 The OWNER agrees to grant to the VILLAGE, and/or obtain grants to the VILLAGE of, . 26 all necessary easements for the extension of sewer, water, street, or other utilities, including 27 cable television, or for other improvements, subject to the provisions of the UniEed 2s Development Ordinance which. may serve not only the TERRITORY, but other TERRITORY in 29 the general area, if requested by the VILLAGE in the future. The OWNER shall, upon 3o application for the PUD Final Plan/Plat, submit to the VILLAGE a title insurance policy 31 guaranteeing that adequate easements for the required improvements exist. 32 33 Alt such easements to be granted shall name the VILLAGE andlor other appropriate 34 entities designated by the VILLAGE as grantee thereunder. It shad be the responsibility of the 35 OWNER to obtain all easements, both on site and off site, necessary to serve the TERRITORY. 36 37 All electricity, telephone, cable television, and gas lznes shall be installed underground, 38 the location of which underground utilities shall be at the OWNERS' option, upon approval of 39 the respective utility company. 40 41 42 43 44 45 46 47 ~ 12 2 APPROVAL OF PLANS 3 4 The VILLAGE agrees to expeditiously take action to approve or disapprove all plats, S plans, and engineering submitted to VILLAGE by the OWNER. If the VILLAGE shall 6 determine that any such submission is not in substantial accordance with this Agreement and ~ applicable ordinances, the VILLAGE shall promptly notify the OVi~NE.R in writing of the 8 specific abjection to any such submission so that the OWNER can make any required corrections 9 or revisions. _.... _... .. __ .._ .._.... XO 11 12 XII 13 I4 BINDING EFFECT AND TERM AND COVENANTS RUNNING 'KITH THE LAND IS 16 This Agreement shall be binding upon and insure #o the benefit ofthe parties hereto, 17 successor OWNERS of record of the TERRITORY, assignees, lessees, and upon any successor is municipal authorities of said VILLAGE and successor municipalities, for a period. of 20 years 19 -from the date of execution hereof, zo 21 The terms and conditions of this Agreement relative to the payment ofmonies to the 22 various VILLAGE recapture funds, contributions to the VILLAGE construction and/ar 23 dedication of public improvements, granting of easements to the VILLAGE, dedication of rights- 24 of-way to the VILLAGE and the development standards established herein shall constitute 25 covenants which shall run with the land. 26 27 It is further agreed that any party to this Agreement, either in law or in equity, by suit, 2s action, mandamus, or other proceeding may enforce or compel the perfonnanee of this 29 Agreement, or have other such relief for the breach thereof as may be authorized by law or that 3o by Iaw or in equity is available to them. 31 32 33 7~III 34 3S NOTICES 36 37 Unless otherwise notified in writing, alI notices, requests and demands shall be in writing 38 and shall be personally delivered to or mailed by United States Postal Service certified mail, 39 postage prepaid and return receipt requested, as follows: 40 41 42 For the VILLAGE: 43 44 Village President 4s 418 Main Street 46 Lemont, IL 60439 47 I3 1 and 2 3 Village Clerk 4 418 Main Street 5 Lemont, IL 60439 b 7 and 8 9 Village Adinznisfz~ator l0 418 Main Street 11 Lemont, IL 60439 l2 13 For OWNER: 14 15 Morgan, Development Group, Inc. 1G $ Spruce Court 17 Lemont, IL 60439 18 19 Or such other addresses that any party hereto may designate in writing to the other parties 20 pursuant to the provisions of this Section. 21 2z z3 24 25 zs XV 27 The OWNER shall provide fhe VILLAGE with written approval(s) satisfactory to the 28 VILLAGE of any mortgage, lien holder or holder of any security interest, affecting title to the 29 TERRITORY or any part thereof so that this agreement shall be superior to any such mortgage, 30 lien, or other security interest and the OVTNER shall provide same to the VILLAGE prior to 31 execution and recording of this agreement; and 32 33 If there are no mortgages, Bens, or other security interests affecting title to the 34 TERRITORY or any part thereof,..then the OWNER shall affu~matively state so in said 35 Petition(s) for Annexation. 36 37 38 39 4a 41 42 43 HIV SECURTY INTERESTS WARRANTIES AND REPRESENTATIONS The O~JNER represents and warrants to the VILLAGE as follows: 44 That Morgan Development Group, Inc., identified on page l hereof is the OWNER as 45 legal title holder; and 45 34 1 That the OViINER proposes to develop the TERRITORY in the manner contemplated. 2 under this Agreement; and 3 4 That other than the OWNER, no other entity or person has any interest in the s TERRI`T'ORY or it development as herein proposed; and 6 7 That the OWNER has provided. the legal description of the TERRITORY set forth in this 8 Agreement and the attached exhibits and that said legal description and exhibits are accurate and _. correc . 30 II 12 Xyi 13 14 CONTINUITX OF OBLIGATIONS iS 16 IVatwithstanding any provisions of this Agreement to the contrary, including but not 17 limited to the sale and/or conveyance of all or any part of the TERRITORY by the OWNER, the r 8 OWNER shall at all limes during the term of this Agreement remain liable to VILLAGE for the t9 faithful performance of all obligations imposed upon them by this Agreement until such 20 obligations have been fully performed or until VILLAGE, at its sole option, has otherwise 21 released OWNER and from any or all of such obligations. 22 23 XVII 24 zs NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT 26 •- 27 Failure af. any party to this Agreement to insist upon the strict and prompt performance of 28 the terms covenants, agreements, and conditions herein contained, or any ofthem, upon any 29 other party imposed, shall not constitute ar be construed as a waiver or relinquishment of any 30 parfy's right thereafter to enforce any such term, covenant, agreement or condition, but the same 31 shall continue in full force and effect. 32 33 34 XVIII 3S 36 VILLAGE APPROVAL OR DIRECTION 37 38 Where VILLAGE approval or direction is required by this Agreement, such approval or 39 direction means the approval or direction of the Cozporate Authorities of the VILLAGE unless 40 otherwise expressly provided or required by law, and any such approval may be required to be 41 given only after and if all requirements for granting such approval have been met, unless such 4z requirements are inconsistent with this Agreement. 43 44 4S 46 47 IS 1 XIX 2 3 SINGULAR AND PLURAL 4 5 Wherever appropriate in this Agreement, the singular shall include the plural, and the 6 plural shall include the singular. 7 __9 ...._._. _ ....... .._ _.._ .... .. _ .. ... _. _...... _..._. __..._. _._. ......_..___... 1o XX 11 12 SECTION HEADINGS AND ,SUBHEADINGS 13 14 All section headings ar other headings in this Agreement are for general aid of the reader 15 and shall not limit the plain meaning or application of any of the provisions thereunder whether 16 covered or relevant to such heading or not. 17 18 19 XXI 20 21 RECORDING 22 23 A copy of this Agreement and any amendments thereto shall be recorded by the .24 VILLAGE at the expense ofthe OWNER within 30 days after the execution hereof. 25 26 27 XXII 2$ 29 AUTHORIZATION TO EXECUTE 30 ' 31 The President and CIerk of the VILLAGE hereby wanant that they have been lawfully 32 authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER 33 and VILLAGE shall, upon request, deliver to each other at the respective time such entities 34 cause their authorized agents to off x their signatures hereto copies of aI I bylaws, resolutions, 3s ordinances, partnership agreements, letters of direction or other documents required to legally 36 evidence the authority to so execute this Agreement on behalf of the respective parties. 37 38 39 XXIII 40 41 AMENDMENT 42 43 This Agreement sets forth all the promises, inducements, agreements, condi#ions and. 44 understandings between the parties hereto relative to the subject matter thereof, and there are no 45 promises, agreements, conditions or understandings, either oral or written, express ar implied, 46 between them, other than are herein set forth. Except as herein otherwise provided, no 47 subsequent alteration, amendment, change or addition to this Agreement shall be binding upon 16 1 the parties hereto unless authorized in accordance with law and reduced in writing and signed by 2 them. 3 4 y s 6 COUNTERPARTS 7 8 This Agreement may be executed in two ar more counterparts, each of which taken _... 4 together, shall constitute one and the same instrument. 10 11 12 ~'~7 13 14 CURING DEFAULT is 16 It is understood by the parties hereto that time is of the essence of this Agreement. The 17 parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days 18 from written notice of such default. 19 20 21 ~ XXVI 22 23 CONFLICT BETWEEN THE TEXT AND EXHIBITS z4 2s In the event of a conflict in the provisions of the text of this Agreement and the Exhibits 26 attached hereto, the text of the Agreement shall control and govern. 27 28 29 XX'VII 30 31 SEVERABILITY 32 33 If any provision of this Agreement is held invalid by a court of competent jurisdiction or 34 in the event such court shall determine that the VILLAGE does not have the power to perform 35 any such provisions, such provision shall be deemed to be excised here from and the invalidity 36 thereof shall not affect any of the ather.provisionscentained heroin, and such judgment or decree 37 shall relieve the VILLAGE from performance under such .invalidity thereof shall not affect any 38 of the other provisions contained herein, and such judgment or decree shall relieve the 39 VILLAGE from performance under such invalid provision ofthis Agreement. 4a 41 42 VIII 43 44 REIMBURSEMENT TO VILLAGE F4R LEGAL AND OTIIER FEES /EXPENSES 45 46 To Effective Date of Agreement. The OV~INER, concurrently with annexation and 47 zoning of the TERRITORY ar so much thereof as required, shall reimburse the VILLAGE for 17 1 the following expenses incurred in the preparation and review of this Agreement, and any 2 ordinances, letters of credits, plats, easements or other documents relating to the TERRITORY: 3 4 All attorney's fees incurred by the VILLAGE; and s 6 Miscellaneous VILLAGE expenses, such as legal publication costs, recording fees and 7 copying expenses; and s g p p p .__g p 9 .. From and After Effective Date of A reemer-t: Exce f as rovided ini the ara ra h zo immediately following this paragraph, upon demand by VILLAGE made by and through its i i President, the OWNER from time to time shall promptly reimburse VILLAGE, for aII r2 enumerated reasonable expenses and costs incurred by VILLAGE in the administration of the 13 Agreement, including and limited to engineering fees, landscape architect/ecologist fees, arborist ~a fees, traffic consultant fees, cost of any easements, attorney's fees and out of pocket expenses 15 involving various and sundry matters such as, but not limited to, preparation and publication, if 16 any, of aII notices, resolutions, ordinances, and other documents required hereunder, and the 17 negotiation and preparatian of letters of credit and escrow agreements to be entered into as ~8 security for the completion of land improvements. 19 20 Such costs and expenses incurred by the VILLAGE in the administration of the 21 Agreement shall be evidence to the OWNER upon its request, by a sworn statement of the 22 VILLAGE; and such costs and expenses may be further confirmed by the OWNER at its option 23 from additional documents relevant to determining such costs and expenses as designated from 24 time to time by the OWNER. 25 26 Notwithstanding the immediately preceding paragraph, OWNER shall in no event be 27 required to reimburse VILLAGE or pay for any expenses or costs of VTLLAGE as aforesaid 28 more than once, whether such are reimbursed. or paid through special assessment proceedings, 24 through fees established by VILLAGE ordinances or otherwise. 30 31 In the event that any third party or parties institute any legal proceedings against the 32 OWNER andlar the VILLAGE, which relate to the validity or any terms of this Agreement, then, 33 in that event, the OWNER, upon written notice from VILLAGE, shall assume, fuiiy and 34 vigorously, the entire defense of such lawsuit and the expenses of whatever nature relating 3S thereto, provided, however; 36 37 The OWNER shall not make any settlement or compromise of the lawsuit, or fail to 38 pursue any available avenue of appeal of any adverse judgment, without the approval of 39 the VILLAGE, which approval shall not be unreasonable withheld; and 40 41 If the Village, in its sole discretion, determines there is or may probably be a conflict of a~z interest between the VILLAGE and the OWNER, on an issue of importance to the 43 VILLAGE having a potentially substantial adverse affect on the VILLAGE, then the 44 VILLAGE shall have the option of being represented by its own legal counsel. In the 45 event the VILLAGE exercises such option, then the OWNER shall reimburse the 46 VILLAGE from time to time on written demand from the President of the VILLAGE and 47 notice of the amount due for any expenses, including but not limited to court costs, 18 i reasonable attorney's fees and witnesses' fees and other expenses of litigation, incurred 2 by the VILLAGE in connection therewith. The obligation of the OWNER to reimburse 3 the VILLAGE under the terms of this subparagraph 2 shall terminate if no such legal 4 proceedings are brought within one (I) year from the date of the annexation. of the 5 TERRITORY and, further, such obligation of reimbursement shall not apply if such legal 5. proceedings are based upon alleged errors, omissions or unlawful conduct of the ~ VILLAGE and not the O~JNER. 8 ........................ 9 In the event the VILLAGE institutes-legal proceedings against the OWNER for violation 10 of this Agreement, and secured a judgment in its favor, or by settlement, the OWNER shall pay ~ i all expenses of such Iegal proceedings incurred by the VILLAGE, including but not limited ta, 12 the court costs and reasonable attorney's fees, etc., incurred by the VILLAGE in connection 13 therewith. l.4 19 ~ X~IX 2 3 LENDER CONSENT 4 5 Citizen's Community Bank does hereby certify that it is the holder of a mortgage of the 6 property described herein and that as such it consents to the terms of this Agreement. 7 8 9 .....Citizen's Community Bank__ .. _. __.._ 10 11 t2 By: .! ~' ~'" 13 i4 Title _ ~~ , , -~,.~~,,~%~~ I5 20 I 2 3 4 s 6 7 8 9 10 31 I2 i3 34 35 36 I7 I8 39 20 2I 22 23 24 25 zs 27 28 29 30 3I 32 33 X~.X EXECUTI®N (3F AGREEMENT This Agreerr-ent shalt be signed last by the VILLAGE and the President of the VILLAGE shall af#ix the"date on which he signs this Agreement on page 1 hereof which date shall be the effective date of this Agreement. _.. _.. IN VdIT'NESS'WHERE(JF, the parties base caused this Agreeincnt to be eaeciited on the day and year first above written. ATTEST: Village Clerk VILLAGE QF LEMflNT an Illinois unicipal Cor ` n Village esident OWNER: Morgan Development roue, Inc. c"' B ~1~.. Y• Brian Baetz, President 21 ~ NOTARY CERTIFICATES 2 3 STATE OF ILLINOIS} 4 ) SS 5 C®Uld1TY ®F COOK} 6 7 I, the undersigned, a Notary Public~in and ,fir he CountyT and Sate aforesaid, DO HEREBY 8 CERTIFY that _ °per'sona yiknow~i to me to be the President of the Village af..... _ . ._ _ . _... _ 9 Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk of a o said municipal corporation, and personally known to me to be the same persons whose names are 11 subscribed to the foregoing instrument, appeared before me this day in person and severally 12 aclcnawledged that as such President and Village Clerk, they signed and delivered the said 13 instrument and caused the corporate seal ofsaid municipal corporation to be affixed thereto, 14 pursuant to authority given by the Board of Trustees ofsaid municipal corporation, as their free 15 and voluntary act, and as the free and voluntary act and deed ofsaid municipal corporation, for 16 the uses and purposes therein set forth. l7 18 GIVEN under my hand and official seal, this ~~.. day of 24~ ~_ 29 `;' 24 21 ,. ~ _ ~~`°~ z2 Notary c~iilic~ ~~ 23 '` OFFICIAL SEAL z4 "~~ R®SEMAY YAITES 25 My commission expires on NOTARY Pl18lIC, STATE OF ILLINOIS 24 26 EXPIRES &13.2011 27 . zs STATE OF _ } 29 } SS 30 COUNTY OF,.__~ 31 32 I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY 33 CERTIFY that the above-named ~,~~,~~~'-,~~~-Z ,personally known to me 34 to be the same persons whose names are subscribed to the foregoing instrument appeared before 35 me this day in person and acknowledged that they signed and delivered the said instrument as 36 their awn free and voluntary act for the uses and purposes therein set forth. 37 38 39 40 41 42 43 44 45 4b 47 GIVEN under my hand and official seal, this ~~ day of a A~~_.__._, 24 My commission expires on ~~ ~,5~ , 24 j ~. Nota Public •ao+++~~sa~-sq~ "OFFICIAL SEAL" CASSARIDRA A. SCMUPI•'E Notary Public, State or` Illinois My Commission Expires Sept. 23, 2010 Commission No. 386262 22.