O-27-09 04-13-2008ORDINANCE NO. O-~ .- ~ q
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR TWO PARCELS LOCATED AT 12622 AND 12640 DERBY RD
(Saddlebrook)
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONY
This 13th day of April, 2008
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 13th day
of April, 2008.
ORDINANCE NO. ~'~~
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR TWO PARCELS LOCATED AT 12622 AND 12640 DERBY RD
(Saddlebrook)
WHEREAS, BF Investment Group, LLC has petitioned the Village of Lemont for
annexation of the territory located at 12622 and 12640 Derby Road, a legal description of which is
attached hereto as Exhibit A, 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 B; and
WHEREAS, BF Investment Group, LLC 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 "Saddlebrook Estates Annexation Agreement," a copy of
which is attached as Exhibit B.
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, AND WILL, ILLINOIS, on this
13th day of April, 2008.
AYES NAYS ABSTAIN ABSENT
Debbie Blatzer ~
Peter Coules /
Clifford Miklos '~
Brian Reaves ~
Ron Stapleton ~
Jeanette Virgilio
Attest:
~~
L
ENE S OLLEN, Village Clerk
Approved by me this 13th day of April, 2008
EXHIBIT A
(Saddlebrook)
Legal Description
PARCEL ONE: THE SOUTH 173.25 FEET OF LOT 14 IN COUNTY CLERK'S DIVISION OF
SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN
IN COOK COUNTY, ILLINOIS. PIN 22-27-302-045.
PARCEL TWO: THE NORTH 173.25 FEET OF THE SOUTH 346.5 FEET OF LOT 14 IN COUNTY
CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 22-27-302-046.
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SADDLEBROOK ESTATES ANNEXATION AGREEMENT
ARTICLE
I
II
TITLE
Definitions
Annexation
III Zoning and Land Use Restrictions
^ Zoning and Development Plans
^ UDO Exceptions
^ Reversion of PUD & Zoning
^ Other Standards
IV Required Improvements
^ Water Supply
^ Sanitary and Storm Sewers
^ Detention Areas
^ Other Improvements
V Dedication and Construction of Streets
^ Dedication and Acceptance of Streets
^ Snow Plowing of Streets before Acceptance
^ Debris
VI Construction of Other Improvements
VII Maintenance of Public Improvements & Common Areas
^ Owners Guarantee
^ Maintenance Bond
VIII Damage to Public Improvements
IX Contributions
X Easements and Utilities
XI Approval of Plans
XII Binding Effect and Term and Covenants Running with the
Land
XIII Notices
XIV Security Interests
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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
XXVI Conflicts between the Text and Exhibits
XXVII Severability
XXVIII Reimbursement to Village for Legal and Other Fees /
Expenses
^ To Effective Date of Agreement
^ From and After Effective Date of Agreement
XXIX Lender Consent
XXX Execution of Agreement
EXHIBIT TITLE
A Legal Description
B Plat of Annexation, prepared by Midwest Technical
Consultants, with a date of 1-31-08
C "Final Plat of Subdivision," prepared by Midwest
Technical Consultants, Inc., with a revised date of 2/05/09
11
1 D Preliminary Engineering Plans, prepared by V3
2 Companies, consisting of a Preliminary Layout Plan,
3 Preliminary Grading & Drainage Plan, and Preliminary
4 Utility Plan, all plans with a revised date of 02-11-09
s
6 E Planting Plan, prepared by Hitchcock Design Group, issued
7 February 20, 2009
s
9 F Planting Details, prepared by Hitchcock Design Group,
to issued February 20, 2009
11
12 G Prairie and Wetland Seeding Guidelines
13
14
iii
1 ANNEXATION AGREEMENT
2
3 THIS ANNEXATION AGREEMENT, is made and entered into this day of ,
4 2008, between 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 BF Investment
6 Group, LLC (hereinafter referred to as "OWNER"); the Village and OWNER are hereinafter
7 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
1o 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,
18
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 ILLS 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
2s 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.
1
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.
10
11 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
is 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, or other essential services.
40
41 UNIFIED DEVELOPMENT ORDINANCE Ordinance 0-7-08, as amended.
42
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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.
to The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "B". 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
16 of 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 "B" shall be
26 classified under the existing zoning ordinance, as amended, as R-4 Single-Family Detached
27 Residential District. Prior to the date of this Agreement, such public hearings as are necessary to
28 enable the VILLAGE lawfully to grant said zoning classification as to the TERRITORY have
29 been conducted upon proper notice, and no further action need be taken by the OWNER to cause
3o the TERRITORY to be rezoned as R-4 Single-Family Detached Residential District once the
31 TERRITORY is annexed to the VILLAGE. The TERRITORY shall be developed in accordance
32 with the following plans:
33
34 "Final Plat of Subdivision," attached hereto and incorporated herein as Exhibit C; and
35
36 Engineering Plans, attached .hereto and incorporated herein as Exhibit D; and
37
38 Planting Plan, attached hereto and incorporated herein as Exhibit E; and
39
4o Planting Details, attached hereto and incorporated herein as Exhibit F; and
41
42 Prairie and Wetland Seeding Guidelines, attached hereto and incorporated herein as
43 Exhibit G
44
45 UDO Exceptions. The Planned Unit Development Ordinance of the Village makes
46 provision for exceptions to the requirements of the Unified Development Ordinance in order to
47 promote and allow innovation and flexibility of design in keeping with the public interest and
1 welfare. As provided for in Chapter 17.08 (Planned Unit Developments) of the Lemont Unified
2 Development Ordinance, the VILLAGE has deemed it appropriate to approve the following
3 selected exceptions as part of the Planned Unit Development for Saddlebrook Estates:
4
5 To vary the minimum yard width for Lot 5 from the required 90 feet to 67.17 feet.
6
7 The conditions of the Annexation Agreement relating to the development of the
8 TERRITORY incorporated herein by reference and made a condition to the grant of this special
9 use zoning for the planned unit development shall survive the expiration of the Annexation
10 Agreement and shall remain in effect unless or until the zoning of the property has been altered
11 in accordance with law.
12
13 Reversion of Zoning. The R-4 zoning approval, the preliminary plat of subdivision, and
14 the yard width exception granted herein shall lapse in the event the OWNER does not file a
15 complete application for a final plat within one year of the effective date of this Annexation
16 Agreement. In the event the OWNER does not file a complete application final plat within one
17 year of the effective date of this Annexation Agreement the zoning of the TERRITORY shall
1s revert to the R-1 Single-Family Detached Residential District.
19
20 Other Standards. The Village agrees that the above standards shall govern with respect
21 to the development of the TERRITORY in any case in which the standards of the Unified
22 Development Ordinance now or hereafter shall conflict with the standards listed above. The
23 ~ Village agrees that the above standards shall govern with respect to development of the
24 TERRITORY in any case in which there no applicable standards are provided in the Unified
25 Development Ordinance. In any case in which the Unified Development Ordinance contains
26 applicable standards that do not conflict with the above standards, the standards of the Unified
27 Development Ordinance shall govern with respect to the development of the TERRITORY.
28
29 It is understood and agreed, except as otherwise provided for herein, the Unified
3o Development Ordinance, Building Code and all other ordinances including all fees and charges
31 of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as
32 the same may from time to time be amended and enforced throughout the VILLAGE, shall apply
33 to the TERRITORY. In the case of a comprehensive amendment to the VILLAGE'S Zoning
34 Ordinance, the TERRITORY shall be designated the zoning district most comparable to the R-4
3s Single-Family Detached Residential District.
36
37
38 IV
39 REQUIRED IMPROVEMENTS
40
41 Water Supply. Unless otherwise approved as part of this agreement, the OWNER shall
42 construct and install at their expense all necessary water mains to service the TERRITORY. All
43 water mains shall be constructed and installed in accordance with the Unified Development
44 Ordinance of the VILLAGE and final engineering plans approved by the VILLAGE. The
45 VILLAGE agrees to permit connection of the aforementioned water mains to the water facilities
46 of the VILLAGE and to furnish water service on the same basis as said services are furnished to
47 other parts of the VILLAGE.
48
4
1 In addition to the necessary on-site water mains, valves, hydrants, service lines and other
2 necessary appurtenances, the OWNER shall design an off-site water main extension between the
3 TERRITORY and an existing VILLAGE water main, and shall be responsible for the extension
4 of the water main from said location to the TERRITORY. The OWNER shall be responsible for
s securing all necessary easements to extend the water main and for all required permits for
6 construction of the water supply system, including but not limited to permits or approvals from
7 governments or agencies other than the VILLAGE. The VILLAGE shall neither approve a Final
s Plat of Subdivision nor grant any site development permit until said easements are secured.
9
to Sanitary and Storm Sewers. Unless otherwise approved as part of this agreement, the
11 OWNER shall construct and install at their expense all necessary sanitary and storm sewers to
12 service the TERRITORY in accordance with the Unified Development Ordinance of the
13 VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to
14 permit connection of the aforementioned sanitary sewers to the sanitary sewer facilities of the
15 VILLAGE and to furnish sewer service on the same basis as said services are furnished to other
16 parts of the VILLAGE. OWNER agrees that no surface water is to be discharged into the
17 sanitary sewerage collection system and will-make adequate provisions that this will not occur.
18 Tap-on fees required by the Village shall not be waived. All sanitary and storm sewers shall be
19 owned and maintained by the VILLAGE, with right of access by the VILLAGE for emergency
20 management purposes.
21
22 Detention Areas. Unless otherwise approved as part of this agreement, the OWNER
23 agrees to construct and install at their expense detention basin(s) and appurtenant structures such
24 as drains, inlets, and outlets in accordance with the Unified Development Ordinance of the
25 VILLAGE and final engineering plans approved by the VILLAGE. The stormwater detention
26 basin(s) and appurtenant structures is/are to be conveyed to and owned by the VILLAGE. The
27 OWNER shall provide Title Insurance in the amount of the current market value, pay all real
28 estate taxes, and provide a sufficient credit to pay the taxed on the detention areas until a
29 government exemption has been granted to the VILLAGE.
30
31 Other Improvements. Unless otherwise approved as part of this agreement, the OWNER
32 agrees to construct and install at their expense all other improvements in accordance with the
33 requirements of the Unified Development Ordinance of the VILLAGE and final engineering
34 plans approved by the VILLAGE. A sidewalk shall be added along the property fronting Derby
3s Road. This improvement shall be installed by the OWNER, or a Letter of Credit including the
36 cost of such improvement shall be provided by the OWNER. At the Village's discretion, a path
37 may be installed in lieu of a sidewalk.
38
39
40 V
41
42 DEDICATION AND CONSTRUCTION OF STREETS
43
44 Dedication and Acceptance of Streets. The OWNER shall design streets within the
45 TERRITORY according to Article II of this Agreement that comply with the standards of the
46 VILLAGE Unified Development Ordinance for local streets. All interior streets within the
1 TERRITORY when developed shall be dedicated to the Village. Said streets shall be
2 constructed in accordance with the final engineering plans approved by the Village.
3
4 The OWNER shall provide access to each residential unit. Any street right-of--way not
5 already dedicated at the time of annexation shall be dedicated in the final plats of each unit. The
6 Village shall accept the dedication of said street right-of--way and the construction of streets and
7 public sidewalks upon the completion by the OWNER of said improvements in accordance with
8 the Village's construction standards and Unified Development Ordinance, as modified by the
9 Agreement. The acceptance by the Village shall be evidenced by a corporate resolution. It is
10 understood that in constructing the streets and public sidewalks the OWNER shall post a letter of
11 credit after which the OWNER may proceed to construct said streets. The final wearing surface
12 shall not be installed until a period of nine (9) months after installation of the base or until
13 construction traffic has generally ceased on any street, whichever is later. Upon installation of
~4 the base, the letter of credit may be reduced to an amount sufficient to cover the work yet to be
15 performed (with applicable multiplier), plus the amount of the maintenance bond. Upon
16 completion of all public improvements, and after acceptance by the Village Board, the letter of
17 credit shall be released; however, the OWNER shall be responsible for correcting deficiencies in
18 material and equipment for a period of two (2) years after acceptance to secure that obligation.
19 The OWNER shall post for a period of two (2) years thereafter, a maintenance bond or other
20 security to cover possible repairs to said streets. After completion of the construction and
21 acceptance of any street, and if construction traffic of the OWNER continues to utilize that
22 street, the OWNER shall be responsible for keeping the street free from construction debris and
23 for repair of damages to the street caused by the OWNER's construction traffic. Except as
24 otherwise provided herein, after dedication of any street right-of--way at the time of final plat, the
2s VILLAGE shall enforce traffic and other regulations as to the street right-of--way. Except as
26 otherwise provided herein, after acceptance of the construction of any public street within the
27 TERRITORY, the VILLAGE shall provide for street cleaning, snow removal, refuse collection,
28 and other. maintenance thereon. All deliveries of construction supplies or materials shall be
29 restricted to certain streets or temporary haul roads designated by the VILLLAGE.
30
31 Snow Plowing of Streets before Acce tp ance. The OWNER and the VILLAGE
32 acknowledge that until the streets in any platted subdivision of the TERRITORY are accepted by
33 the VILLAGE, the VILLAGE shall have no obligation to keep the streets plowed of ice and
34 snow (snowplowed). It is agreed, however that for any platted subdivision that shall be or is
35 likely to be occupied in whole or in part for a winter season, the VILLAGE, at its option, may
36 keep the streets snowplowed for that season.
37
38 If the VILLAGE should desire to provide season-long snowplowing for a development or
39 apart thereof, it shall notify the then owner of the unaccepted streets in writing of such intent by
4o August 1 of the year in question. The notice shall contain an estimate of the cost of
41 snowplowing and unit price or prices used by the VILLAGE in developing such costs. The
42 OWNER shall deposit with the VILLAGE an irrevocable letter of credit from a financial
43 institution in a form provided by the Village Attorney to guarantee payment of the estimated
44 amount by September 15 of the year in question. At the end of the snow season, the VILLAGE
45 will release the amount of the letter of credit providing all payments due to the VILLAGE have
46 been made. During the season, the VILLAGE shall allow the amount of the letter to be reduced
47 provided that the amount in the letter of credit is not reduced below the level anticipated to be
1 expended based on the current best-cost estimate. The OWNER shall be obligated to pay the
2 actual reasonable cost to the VILLAGE of its snowplowing services within the TERRITORY
3 rather than the amount of an estimate. Payment shall be made within ten days from the date of
4 the bill.
6 Debris. The-OWNER shall be required to keep all streets within and adjoining the
7 TERRITORY free from mud and debris generated by any new construction activity on the
8 TERRITORY.
10
11 VI
12
13 CONSTRUCTION OF OTHER IMPROVEMENTS
14
15 The construction and installation of the public improvements to be done by OWNER may
16 be commenced at any time after the OWNER received a site development permit from the
17 VILLAGE and has delivered to the VILLAGE an irrevocable letter of credit, in a form
18 satisfactory to, and from a bank or other financial institution approved by, the VILLAGE in the
19 amount of 115% of the OWNER Engineer's estimate of the cost of construction and installation
20 of all such public improvements as approved by the VILLAGE Engineer, including all required
21 lighting, sidewalks, landscaping, street trees, sewer and water lines and storm water management
22 facilities, except to the extent such facilities are to remain private. At no time shall the Letter of
23 ~ Credit funds be utilized by the OWNER for the future payment of contractors, materials, salaries
24 and wages, and the like. The VILLAGE makes no guarantees regarding the timely reduction of
25 said Letter of Credit and therefore should not be used for time-sensitive payment purposes. The
26 VILLAGE Engineer may, in his/her discretion, recommend the amount of said letter of credit to
27 be reduced, from time to time, as major public improvements are completed, upon approval of
28 the VILLAGE Board.
29
3o The OWNER, at the OWNER's own cost, agrees to provide the VILLAGE "as built",
31 engineering plans and specifications upon substantial completion of the public improvements or
32 at the request of the VILLAGE Engineer but in no event later than the time required by the
33 Unified Development Ordinance as amended.
34
35 All of the public improvements contemplated herein shall, upon acceptance thereof by
36 the VILLAGE, become the property of VILLAGE and be integrated with the municipal facilities
37 now in existence or hereinafter constructed and VILLAGE thereafter agrees to maintain said
38 public improvements. Acceptance of said public improvements shall be by resolution of the
39 President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer
4o Consultant has issued his Certificate of Inspection affirming the improvements have been
41 constructed in accordance with approved Engineering Plans and Specifications. OWNER agrees
42 to convey by appropriate instrument and VILLAGE agrees to promptly accept, subject to terms
43 hereof, the public improvements constructed in accordance with the Approved Engineering Plans
44 and Specifications.
45
46 The OWNER agrees not to let debris or excessive construction waste accumulate on the
47 TERRITORY.
i VII
3 MAINTENANCE OF PUBLIC IMPROVEMENTS & COMMON AREAS
4
5 Owners Guarantee. The OWNER hereby guarantees the prompt and satisfactory
6 correction of all defects and deficiencies in the improvements that occur or become evident
7 within two years after approval and any acceptance of the improvements by the VILLAGE
8 pursuant to this agreement. If any defect or deficiency occurs or becomes evident during the
9 two year period, then the OWNER shall, after ten days' prior written notice from the VILLAGE
io (subject to Force Majeure), correct it or cause it to be corrected. In the event any improvement is
11 repaired or replaced pursuant to the demand of the VILLAGE, the Guarantee provided in this
12 Section VII shall be extended, as to the repair or replacement, for two full years from the date of
13 the repair or replacement.
14
15 If any public improvements or common areas within the TERRITORY are to be privately
16 owned and maintained, then the OWNER shall, at its sole cost and expense, maintain the
17 improvements and areas within the TERRITORY without any modification, except as
18 specifically approved by the VILLAGE, in a first-rate condition at all times unless an owners'
19 association is established and assumes responsibility for improvements or areas. In the event the
20 VILLAGE determines, in the VILLAGE' S sole and absolute discretion, that the OWNER is not
21 adequately maintaining, or has not adequately maintained, any improvement or area, the
22 VILLAGE shall have the right, but not the obligation, after ten days' prior written notice to the
23 , OWNER, to enter on any or all of the TERRITORY for the purpose of performing maintenance
24 work on any affected improvement or area. In the event that The VILLAGE shall cause to be
25 performed any work pursuant to this Section VII the VILLAGE shall have the right to draw from
26 the performance securities deposited pursuant to this Section of the agreement, or the right to
27 demand immediate payment directly from the OWNER based on costs actually incurred or on
28 the VILLAGE'S reasonable estimates of costs to be incurred, an amount of money sufficient to
29 defray the entire costs of the work, including without limitation legal fees and administrative
30 expenses. The OWNER shall, after demand the VILLAGE, pay the required amount to the
31 VILLAGE.
32
33 If an owners' association is established and assumes responsibility for. any public
34 improvements and/or common areas within the TERRITORY, the owners' association shall, at
3s its sole cost and expense, maintain the improvements and areas without any modification, except
36 as specifically approved by the VILLAGE, in a first-rate condition at all times. In the event the
37 VILLAGE determines, in the VILLAGE'S sole and absolute discretion, that the owners'
38 association is not adequately maintaining, or has not adequately maintained, any improvement or
39 area, the VILLAGE shall have the right, but not the obligation, after ten days' prior written
4o notice to the owners' association, to enter on any or all of the TERRITORY for the purpose of
41 performing maintenance work on any affected improvement or area. In the event that the
42 VILLAGE shall cause to be performed any work pursuant to this Section VII the VILLAGE
43 shall have the right (i) to assess the membership of the owners' association for that work, (ii) to
44 file a lien against the property of the owners' association or the property of any member failing
45 to pay the assessment, and (iii) to enforce the lien in the manner provided by law for mortgage
46 foreclosure proceedings.
47
1 Maintenance Bond. At the time or times of acceptance by the VILLAGE of the
2 installation of any part, component, or all of any public improvement in accordance with this
3 Section, or any other section of the Agreement, the OWNER shall deposit with the VILLAGE a
4 maintenance bond in the amount often percent (10%) of the cost of the installation of the public
s improvement accepted by VILLAGE. This bond shall be deposited with the VILLAGE and
6 shall be held by the VILLAGE for a period of twenty-four (24) months after completion and
7 acceptance of all improvements. In the event of a defect in material and/or workmanship within
g said period, then said security shall not be returned until correction of said defect and acceptance
9 by the VILLAGE of said corrections.
to
11
12 VIII
13
14 DAMAGE TO PUBLIC IMPROVEMENTS
15
16 The OWNER shall replace and repair any damage to public improvements installed
17 within, under or upon the subject realty resulting from construction activities by OWNER, their
18 successors or assigns and their employees, agents, contractors or subcontractors during the term
19 of this Agreement. The OWNER shall have no obligation hereunder with respect to damage
20 resulting from ordinary usage, wear and tear.
21
22
23 IX
24
2s CONTRIBUTIONS
26
27 The OWNER shall make cash contributions at the time a Final Plan/Plat application is
28 filed with the VILLAGE, in accordance with the ordinances of the VILLAGE. If a complete
29 Final Plan/Plat application is filed within one (1) year of the effective date of this Agreement, the
3o required contributions shall be as follows:
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32 • Lemont Park District -OWNER shall pay $56,460 for the benefit of the Lemont Park
33 District. If the TERRITORY is developed in phases, the donation shall be paid on a pro-
34 rata basis based upon the number of lots in the phase for which the Final Plan/Plat is
35 being recorded.
36 • Lemont-Bromberek School District 113A -OWNER shall pay $27,658.65 for the
37 benefit of the Lemont-Bromberek School District 113A. If the TERRITORY is
38 developed in phases, the donation shall be paid on a pro-rata basis based upon the
39 number of lots in the phase for which the Final Plan/Plat is being recorded.
40 • Lemont Township High School District 210 -OWNER shall pay $14,400 for the
41 benefit of the Lemont Township High School District 210. If the TERRITORY is
42 developed in phases, the donation shall be paid on a pro-rata basis based upon the
43 number of lots in the phase for which the Final Plan/Plat is being recorded.
44 • Lemont Fire Protection District -OWNER shall pay $1,000 for the benefit of the
45 Lemont Fire Protection District. If the TERRITORY is developed in phases, the
1 donation shall be paid on a pro-rata basis based upon the number of lots in the phase for
2 which the Final Plan/Plat is being recorded.
3 • Lemont Library District -OWNER shall pay $1,716.76 for the benefit of the Lemont
4 Library District. If the TERRITORY is developed in phases, the donation shall be paid
s on a pro-rata basis based upon the number of lots in the phase for which the Final
6 Plan/Plat is being recorded.
7 • Public Safety Impact Fee -OWNER shall pay $10,000 to the VILLAGE for a public
8 safety impact fee. If the TERRITORY is developed in phases, the fee shall be paid on a
9 pro-rata basis based upon the number of lots in the phase for which the Final Plan/Plat is
to being recorded.
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12 If a complete Final Plat application is submitted to the VILLAGE more than one (1) year
13 after the effective date of this Agreement, the aforesaid contributions shall be paid in amounts
14 calculated in accordance with the terms of the ordinances of the VILLAGE in effect at the time
15 such final plan or Plat is submitted to the VILLAGE.
16
17 The OWNER agrees that any and all contributions, dedications, donations, and easements
18 provided for in this Agreement substantially advance legitimate governmental interests of the
19 VILLAGE; including but not limited to, providing its residents, and in particular the future
20 residents of the TERRITORY, with access to and use of public facilities, libraries, schools, parks
21 and recreational facilities, police protection, and emergency services. The OWNER further
22 agrees that the contributions, dedications, donations and easements required by this Agreement
23 are uniquely attributable to, reasonably related to, and made necessary by the development of the
24 TERRITORY.
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27 X
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29 EASEMENTS AND UTILITIES
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31 The OWNER agrees to grant to the VILLAGE, and/or obtain grants to the VILLAGE of,
32 all necessary easements for the extension of sewer, water, street, or other utilities, including
33 cable television, or for other improvements, subject to the provisions of the Unified
34 Development Ordinance which may serve not only the TERRITORY, but other TERRITORY in
3s the general area, if requested by the VILLAGE in the future.
36
37 All such easements to be granted shall name the VILLAGE and/or other appropriate
38 entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the
39 OWNER to obtain all easements, both on site and off site, necessary to serve the TERRITORY.
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41 All electricity, telephone, cable television and gas lines shall be installed underground,
42 the location of which underground utilities shall be at the OWNER' option, upon approval of the
43 respective utility company.
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XI
APPROVAL OF PLANS
The VILLAGE agrees to expeditiously take action to approve or disapprove all plats,
plans, and engineering submitted to VILLAGE by the OWNER. If the VILLAGE shall
determine that any such submission is not in substantial accordance with this Agreement and
applicable ordinances, the VILLAGE shall promptly notify the OWNER in writing of the
specific objection to any such submission so that the OWNER can make any required corrections
or revisions.
XII
BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND
This Agreement shall be binding upon and insure to the benefit of the parties hereto,
successor OWNERS of record of the TERRITORY, assignees, lessees, and upon any successor
municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years
from the date of execution hereof.
The terms and conditions of this Agreement relative to the payment of monies to the
various VILLAGE recapture funds, contributions to the VILLAGE construction and/or
dedication of public improvements, granting of easements to the VILLAGE, dedication of rights-
of-way to the VILLAGE and the development standards established herein shall constitute
covenants which shall run with the land.
It is further agreed that any party to this Agreement, either in law or in equity, by suit,
action, mandamus, or other proceeding may enforce or compel the performance of this
Agreement, or have other such relief for the breach thereof as may be authorized by law or that
by law or in equity is available to them.
XIII
NOTICES
Unless otherwise notified in writing, all notices, requests and demands shall be in writing
and shall be personally delivered to or mailed by United States Postal Service certified mail,
postage prepaid and return receipt requested, as follows:
For the VILLAGE:
Village President
418 Main Street
Lemont, IL 60439
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and
Village Clerk
418 Main Street
Lemont, IL 60439
and
Village Administrator
418 Main Street
Lemont, IL 60439
For the OWNER:
John Serpe
BF Investment Group, LLC
12549 Archer Ave, Lemont, IL 60439
Or such other addresses that any party hereto may designate in writing to the other parties
pursuant to the provisions of this Section.
XIV
SECURTY INTERESTS
The OWNER shall provide the VILLAGE with written approval(s) satisfactory to the
VILLAGE of any mortgage, lien holder or holder of any security interest, affecting title to the
TERRITORY or any part thereof so that this agreement shall be superior to any such mortgage,
lien, or other security interest and the OWNER shall provide same to the VILLAGE prior to
execution and recording of this agreement; and
If there are no mortgages, liens, or other security interests affecting. title to the
TERRITORY or any part thereof, then the OWNER shall affirmatively state so in said
Petition(s) for Annexation.
XV
WARRANTIES AND REPRESENTATIONS
The OWNER represents and warrants to the VILLAGE as follows:
That BF Investment Group, LLC, identified on page 1 hereof is the OWNER as legal title
holder; and
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That the OWNER proposes to develop the TERRITORY in the manner contemplated
under this Agreement; and
That other than the OWNER, no other entity or person has any interest in the
TERRITORY or it development as herein proposed; and
That the OWNER has provided the legal description of the TERRITORY set forth in this
Agreement and the attached exhibits and that said legal description and exhibits are accurate and
correct.
XVI
CONTINUITY OF OBLIGATIONS
Notwithstanding any provisions of this Agreement to the contrary, including but not
limited to the sale and/or conveyance of all or any part of the TERRITORY by the OWNER, the
OWNER shall at all times during the term of this Agreement remain liable to VILLAGE for the
faithful performance of all obligations imposed upon them by this Agreement until such
obligations have been fully performed or until VILLAGE, at its sole option, has otherwise
released OWNER and from any or all of such obligations.
XVII
NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT
Failure of any party to this Agreement to insist upon the strict and prompt performance of
the terms covenants, agreements, and conditions herein contained, or any of them, upon any
other party imposed, shall not constitute or be construed as a waiver or relinquishment of any
party's right thereafter to enforce any such term, covenant,' agreement or condition, but the same
shall continue in full force and effect.
XVIII
VILLAGE APPROVAL OR DIRECTION
Where VILLAGE approval or direction is required by this Agreement, such approval or
direction means the approval or direction of the Corporate Authorities of the VILLAGE unless
otherwise expressly provided or required by law, and any such approval may be required to be
given only after and if all requirements for granting such approval have been met, unless such
requirements are inconsistent with this Agreement.
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XIX
SINGULAR AND PLURAL
Wherever appropriate in this Agreement, the singular shall include the plural, and the
plural shall include the singular.
XX
SECTION HEADINGS AND SUBHEADINGS
All section headings or other headings in this Agreement are for general aid of the reader
and shall not limit the plain meaning or application of any of the provisions thereunder whether
covered or relevant to such heading or not.
XXI
RECORDING -
A copy of this Agreement and any amendments thereto shall be recorded by the
VILLAGE at the expense of the OWNER within 30 days after the execution hereof.
XXII
AUTHORIZATION TO EXECUTE
The President and Clerk of the VILLAGE hereby warrant that they have been lawfully
authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER
and VILLAGE shall, upon request, deliver to each other at the respective time such entities
cause their authorized agents to affix their signatures hereto copies of all bylaws, resolutions,
ordinances, partnership agreements, letters of direction or other documents required to legally
evidence the authority to so execute this Agreement on behalf of the respective parties.
XXIII
AMENDMENT
This Agreement sets forth all the promises, inducements, agreements, conditions and
understandings between the parties hereto relative to the subject matter thereof, and there are no
promises, agreements, conditions or understandings, either oral or written, express or implied,
between them, other than are herein set forth. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this Agreement shall be binding upon
14
1 the parties hereto unless authorized in accordance with law and reduced in writing and signed by
2 them.
3
4 XXIV
5
6 COUNTERPARTS
7
8 This Agreement may be executed in two or more counterparts, each of which taken
9 together, shall constitute one and the same instrument.
to
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12 XXV
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
l s from written notice of such default.
19
20
21 XXVI
22
23 ~ CONFLICT BETWEEN THE TEXT AND EXHIBITS
24
25 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 XXVII
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 other provisions contained herein, 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 of this Agreement.
40
41
42 XXVIII
43
44 REIMBURSEMENT TO VILLAGE FOR LEGAL AND OTHER FEES /EXPENSES
45
46 To Effective Date of Agreement. The OWNER, concurrently with annexation and
47 zoning of the TERRITORY or so much thereof as required, shall reimburse the VILLAGE for
15
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
5
6 Miscellaneous VILLAGE expenses, such as legal publication costs, recording fees and
7 copying expenses; and
8
9 From and After Effective Date of Agreement. Except as provided in the paragraph
to immediately following this paragraph, upon demand by VILLAGE made by and through its
11 President, the OWNER from time to time shall promptly reimburse VILLAGE, for all
12 enumerated reasonable expenses and costs incurred by VILLAGE in the administration of the
13 Agreement, including and limited to engineering fees, cost of any easements, attorney's fees and
14 out of pocket expenses involving various and sundry matters such as, but not limited to,
15 preparation and publication, if any, of all notices, resolutions, ordinances, and other documents
16 required hereunder, and the negotiation and preparation of letters of credit and escrow
17 agreements to be entered into as security for the completion of land improvements.
18
19 Such costs and expenses incurred by the VILLAGE in the administration of the
20 Agreement shall be evidence to the OWNER upon its request, by a sworn statement of the
21 VILLAGE; and such costs and expenses may be further confirmed by the OWNER at its option
22 from additional documents relevant to determining such costs and expenses as designated from
23 time to time by the OWNER.
24
25 Notwithstanding the immediately preceding paragraph, OWNER shall in no event be
26 required to reimburse VILLAGE or pay for any expenses or costs of VILLAGE as aforesaid
27 more than once, whether such are reimbursed or paid through special assessment proceedings,
28 through fees established by VILLAGE ordinances or otherwise.
29
3o In the event that any third party or parties institute any legal proceedings against the
31 OWNER and/or the VILLAGE, which relate to the validity or any terms of this Agreement, then,
32 in that event, the OWNER, upon written notice from VILLAGE, shall assume, fully and
33 vigorously, the entire defense of such lawsuit and the expenses of whatever nature relating
34 thereto, provided, however:
35
36 The OWNER shall not make any settlement or compromise of the lawsuit, or fail
37 to pursue any available avenue of appeal of any adverse judgment, without the approval of the
38 VILLAGE, which approval shall not be unreasonable withheld; and
39
40 If the Village, in its sole discretion, determines there is or may probably be, a
41 conflict of interest between the VILLAGE and the- OWNER, on an issue of importance to the
42 VILLAGE having a potentially substantial adverse affect on the VILLAGE, then the VILLAGE
43 shall have the option of being represented by its own legal counsel. In the event the VILLAGE
44 exercises such option, then the OWNER shall reimburse the VILLAGE from time to time on
45 written demand from the President of the VILLAGE and notice of the amount due for any
46 expenses, including but not limited to court costs, reasonable attorney's fees and witnesses' fees
47 and other expenses of litigation, incurred by the VILLAGE in connection therewith. The
16
1 obligation of the OWNER to reimburse the VILLAGE under the terms of this subparagraph 2
2 shall terminate if no such legal proceedings are brought within one (1) year from the date of the
3 annexation of the TERRITORY and, further, such obligation of reimbursement shall not apply if
4 such legal proceedings are based upon alleged errors, omissions or unlawful conduct of the
5 VILLAGE and not the OWNER.
7 In the event the VILLAGE institutes legal proceedings against the OWNER for violation
8 of this Agreement, and secured a judgment in its favor, or by settlement, the OWNER shall pay
9 all expenses of such legal proceedings incurred by the VILLAGE, including but not limited to,
1o the court costs and reasonable attorney's fees, etc., incurred by the VILLAGE in connection
11 therewith.
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17
1 XXIX
2
3 LENDER CONSENT
4
5 The OWNER shall provide signature(s) indicating lender consent to this agreement prior
6 to the approval of Final Plat of Subdivision for the TERRITORY.
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EXECUTION OF AGREEMENT
This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE
shall affix the date on which he signs this Agreement on page 1 hereof which date shall be the
effective date of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
VILLAGE OF LEMONY
an Illinois Municipal Corporation
By:
Village
ATTEST:
By~// ~~ ~i'~~~2~
Village Clerk
OWNER:
John Serpe
By:
Managing Member, BF Investment Group, LLC
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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 JOHN F. PIAZZA, 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 day of 20
Notary Public
My commission expires on , 20
STATE OF )
SS
COUNTY OF ~
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY that the above-named JOHN SERPE, 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 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 day of , 20
My commission expires on , 20
Notary Public
20
Exhibit A
(Saddlebrook Estates)
Leeal Description
PARCEL 1: THE SOUTH 173.25 FEET OF LOT 14 IN COUNTY CLERK'S DIVISION OF
SECTION 27, TOWNSHIP 37 .NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN IN COOK COUNTY, ILLINOIS. PIN 22-27-302-045.
PARCEL TWO: THE NORTH 173.25 FEET OF THE SOUTH 346.5 FEET OF LOT 14 IN
COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 22-27-302-
046.
PLAT OF ANNEXATION
° Tp
ri ®
.~,~ - THE VILLAGE OF LEMONY
°
Ij
..a OF
~~ tK THE SWTH 3485 FEET OF LOT 14 IN CWNTY IXFRN'S DINSION W SECPON 2T, TDVMSHIP 37 NORTH, RANGE 11
EAST OF THE THIRD PRINgPAL MERIDIAN, IN CCCK CWNTY, IWNgS
SITE
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9
PRAIRIE AND WETLAND SEEDING GUIDELINES
12 March 2009
PART1-GENERAL
1.01 DESCRIPTION
A. This work shall consist of furnishing, transporting, and installing all seeds, plant, or other
materials required for:
1. The establishment of no-mow fescue, natural area seed mixes, emergent plantings and
submergent plantings.
2. The provision ofpost-planting management as specified herein.
3. .Any remedial operations in conformance with the Plans as specified in this document.
4. Permits which may be required.
1.02 QUALITY ASSURANCE
A. Work shall conform to the most advance natural areas restoration standards, USDA, State of
Illinois Department of Agriculture Standards and local municipal requirements.
B. Quality Control Procedures (QCP):
1. Ship plant materials with certificates of inspection as required by governmental
authorities. Comply with governing regulations applicable to landscape materials.
2. Do not make substitutions of species or quantities. If specified landscape material is not
obtainable, submit to Ecologist /Landscape Architect & Village Consultant proof of
non-availability and proposal for use of equivalent material. All submittals and responses
shall be in writing.
3. Submit list of suppliers with products supplied rior to ordering materials for
approval by Ecologist /Landscape Architect.
4. Analysis and Standards :All seed is to be pounds of Pure Live Seed (PLS) Package
products with growers certified analysis and PLS tags and tests.
5. All seed is to be purchased and shipped in labeled single species containers. No seed
shall be mixed prior to installation.
6. Submit copies of all invoices to Ecologist /Landscape Architect for final verification of
planting.
7. Failure to comply with QCP will result in the contractor replacing or repairing the
defective work at the contractor's expense.
C. Contractor Experience: The contractor chosen for the natural areas must be experienced in the
restoration, installation and management of natural areas -prairies, woodlands, and wetlands. They
1~Page
must have a minimum of 5 years experience in the field. There shall be foremen on site at all times
that can identify non-native and native plants by genus and species. The goal of restoring native
plant communities is a long-term process. Therefore it is imperative that a qualified contractor do
the initial installation and stewardship. The owner reserves the right to reject any contractor for
any reason at its sole discretion.
1.03 SUBMITTALS
A. Plant Suppliers: Submit copies of the quotations from your native seed suppliers with name,
address and phone numbers that list: species by scientific name, quantities quoted and test
date.
B. Inoculate Suppliers: Submit copies of the quotations from your inoculant suppliers with name,
address and phone numbers that list: species by scientific name, quantities quoted and test
date.
C. Planting Schedule: Submit a proposed planting schedule to Landscape Architect &
Village Consultant showing dates for-each type of planting.
1.04 PROJECT CONDITIONS
A. The grade will be shaped to the elevation shown in the Plans.
B. The topsoil will be free of all clods, stones, roots sticks, rivulets, gullies, crusting, caking,
and have a soil particle size of no larger than 2' unless using a No-till Rangeland Grass Drill or
Hydro- seeder.
C. Examine and evaluate grades, soils and water levels. Observe the conditions under which work is
to be performed and notify Ecologist /Landscape Architect of unsatisfactory conditions. Do not
proceed with the work until unsatisfactory conditions have been corrected and accepted in
writing.
D. Review underground utility location maps and plans; Notify J.U.L.I.E.; demonstrate an awareness
of utility locations; and certify acceptance of liability for the protection of utilities during course
of work. Contractor shall be responsible for any damage to utilities or property.
E. When conditions detrimental to plant growth are encountered such as rubble fill, adverse drainage
conditions or obstructions, notify Ecologist /Landscape Architect before planting.
1.05 GUARANTEES
A. Seed:
Guarantee seeded areas through the specified maintenance period and until final
acceptance.
B. Monitoring of the Natural Areas Establishment:
The Ecologist /Landscape Architect will monitor three 10 meter transects per acre to gauge the
establishment of the native plantings. The transects will be set by the Ecologist/ Landscape
Architect after the installations are complete and are to be monitored three times per year to
determine species cover, diversity and / or evenness. The goal at the end of three years is to raise
the FQI above 45 with a native mean C value of 4.S.C.
2~Page
C. First Growing Season:
By the end of the first full growing season, the native planting zones as defined in 2.3sha11 exhibit
nearly complete vegetative cover. There shall be no areas greater than 12" x12" that are devoid of
vegetation, if so the contractor shall return to install more seed of the specified mixture. The
planting zones shall not contain significant rills or gullies and the shorelines shall not be
significantly cut as a result of erosion, if so the contractor shall return to regrade the area to install
soil and more seed of the specified mixture. At least 30% of the planted species shall be alive and
apparent. 90% of the plugs shall be alive.
D. Second Growing Season:
By the end of the second full growing season, a minimum of 60% of the species planted shall be
alive and apparent. There shall be no areas greater then 6"x 6" that are devoid of vegetation. The
planting zones shall not contain significant rills or gullies and the shorelines shall not be
significantly cut as a result of erosion, if so the contractor shall return to regrade the area to install
soil and more seed of the specified mixture. At least 65% of the planted species shall be alive and
apparent.
E. Third Growing Season:
By the end of the third full growing season, a minimum of 85% of the species planted shall be
alive and apparent. There shall be no areas greater then 6"x 6" that are devoid of vegetation. The
planting zones shall not contain significant rills or gullies and the shorelines shall not be
significantly cut as a result of erosion, if so the stewardship contractor shall return to regrade the
area to install soil and more seed of the specified mixture.
PART 2 -PRODUCTS
2.01 MATERIALS
A. All materials shall conform to the following requirements:
1. All seeds shall be guaranteed by the Contractor to be true to name and variety.
2. Seed mixtures shall be proportioned by seed count and seed count percentages.
Seed mixtures shall be approved by the Landscape ArchitecbConsultants.
3. The seed counts and seed counts percentages indicated per acre in these specifications
shall mean the total amount of pure live seed per acre for all species listed except
fortis.
4. At least 2 weeks prior to the time of seeding, the Contractor shall provide for the
approval of the Landscape Architect/Consultant awritten description for the grass,
sedges, and fortis seed and/or plant mix showing the percentages by number of
seed and/or plants of each species. This description shall also include the
following;
a. Name and location of seed and/or plant supplier.
3~Page
b. Origin of the various species of seed.
c. A statement of the purity of the grasses.
d. The estimated number of seeds per pound of each of the kinds of seed to
be furnished.
5. All seeds shall have the proper stratification and/or scarification to break seed
dormancy for other than fall planting.
6. All legumes shall be inoculated with the proper rhizobia and at appropriate time prior
to planting.
7. All seeds shall be packed and covered in such a manner as to insure adequate
protection against damage and maintain dormancy while in transit, storage or during
planting operations.
8. Seeds and plants shall be true to their name as specified. Preferable, if practical, the
sources shall be within a 200 mile radius of the project location.
B. Submergent Plantings Areas:
Provide healthy, new crop of the species and proportions as specified. Plugs and plants
shall be obtained from a reputable supplier (approved by Landscape Architect) within a 200-mile
radius of the local transition zone and/or northerly regions of the project site. Provide proof of
origin to the landscape architect before installation. Seed /plant at the rate per acre as indicated
on sheet L04-01.0 Plant Schedules.
C. Emergent Planting Areas:
Provide fresh, clean, new crop of the species and proportions as specified. Seed shall be obtained
from a reputable supplier (approved by Landscape Architect) within a 200-mile radius of the local
transition zone and/or northerly regions of the project site. Provide proof of origin to the
landscape architect before installation. Seed at the rate per acre as indicated on sheet L04-01.0
Plant Schedules, plus mycorrhizal inoculants.
D. Natural Areas (High Diversity, Low Diversity, Tall Grass and Wet Seed Mixes):
Provide fresh, clean, new crop of the species and proportions as specified. Seed shall be obtained
from a reputable supplier (approved by Landscape Architect) within a 200-mile radius of the local
transition zone and/or northerly regions of the project site. Provide proof of origin to the
landscape architect before installation. Seed at the rate per acre as indicated on sheet L04-01.0
Plant Schedules, plus mycorrhizal inoculants.
E. No-Mow Fescue Seed Mix: 2001bs per acre
Provide fresh, clean, new crop of the species as specified. Seed shall be obtained from a reputable
supplier (approved by Landscape Architect) within a 200-mile radius of the local transition zone
and/or northerly regions of the project site. Provide proof of origin to the landscape architect
before installation. Seed at 200 pounds per acre, plus mycorrhizal inoculants.
4~Page
Mycorrhizal & Rhizobial Inoculants: 55 lbs per acre
Inoculants shall be installed at a rate of: Mycorrhiza150 pounds per acre & Rhizobial 5 lbs per
acre. The inoculants shall come bagged and then mixed with the fine seeds before installation.
Due to rapid advances in the field the contractor will need to research new products. Prior to
purchase, the materials proposed shall be submitted to the Ecologist /Landscape Architect for
written approval.
G. Goose Exclosure along the perimeters of retention ponds to prevent geese from uprooting and
damaging the native planting.
Posts -1" x 4' square Oak stakes placed 7-10' on center.
2. Poultry fence, 4' with 3/4" x I" grid, along the perimeter with cable ties.
70# nylon wire, from post top to post to, to prevent the geese from entering the exclosure
from the air.
H. Wildlife Structures
Supply 61 Bluebird houses, 20 Mallard Nests and 20 Wood Duck Nests.
Structures are available from Forestry Suppliers (www.forest~;v-suppliers.com) or Ben Meadows
(www.benmeadows.com)
PART 3 -INSTALLATION
3.01 NOTIFICATION
At least thirty (30) days prior to the beginning of work in each area, submit a planting schedule for
approval by the Landscape Architect. The landscape architect will determine boundaries and exact
locations of the native plantings. Therefore the exact quantities of the seed mixes could vary slightly.
3.02 SEEDING WETLAND AND PRAIRIE
A. The period for planting prairie seed shall be from April 1 to June 15 or September 15 to October
31 or other date as approved in writing by the Landscape Architect & Village Consultant.
B. Remove or herbicide (RoundUp...) existing grass, vegetation and turf. Dispose of such material
legally off-site. Do not turn over soil.
C. Remove high areas and fill in depressions; remove clumps, clods, stones over 2" diameter, roots
and other extraneous matter. Dispose of such material legally off-site.
D. Seeded prairie shall NOT receive fertilizer.
E. Do not use wet seed or seed that is moldy or otherwise damaged in transit or storage.
Seed shall be drilled with a Truax No Till Drill only with overlapping planting zones. Broadcast or
hand spreading, done by written approval only, can only be done in areas where it is not possible to
S I P a g e
drive a tractor. Distribute seed evenly over entire area. Roll or rake are where seed was broadcast or
hand planted.
G. Sow not less than specified rate.
3.03 SEEDING AND PLANTING WET PRAIRIE AND EMERGENT AREAS
A. The period for planting wet meadow and emergent seed shall be from April Ito June 15 or
September 15 to October 31. Emergent plugs shall be planted in the spring or other date as
approved by the Landscape Architect & Village Consultant.
B. Remove or herbicide (RoundUp...) existing grass, vegetation and turf. Dispose of such material
legally off-site. Do not turn over soil.
C. Remove high areas and fill in depressions; remove clumps, clods, stones over 2" diameter, roots
and other extraneous matter. Dispose of such material legally off-site.
D. Emergent and Submergent areas shall NOT receive fertilizer.
E. Do not use wet seed or seed that is moldy or otherwise damaged in transit or storage.
Seed shall be drilled with a Truax No Till Drill with overlapping planting zones in dry areas and
times. It may only be hand broadcast with written approval of the Landscape Architect & Village
Consultant. Then distribute seed evenly over entire area. Rake the seed lightly into top 1/4" of
soil, roll lightly and water with a fine spray and in compliance with local watering restrictions.
F. Sow not less than specified rate.
G. Wet meadow and emergent areas shall be planted, and the seed allowed to germinate prior to
flooding with significant amounts of water.
H. Emergent plugs shall be planted in natural groupings within designed areas containing saturated
soils or inundated up to four inches in depth. Plants within groupings shall be planted at on no
further then 1-foot centers.
Emergent plugs shall not be planted less than the specified rate.
Do not let plugs or plants dry during the time from delivery to installation.
3.04 GOOSE EXCLOSURE
A. Install goose exclosure along the perimeter of the retention pond, 10' up the slope and 3' into the
water, to prevent geese from uprooting and damaging the native planting.
1. Posts -1" x 4' square Oak stakes placed 7-10' on center.
2 Install poultry fence, 4' with 3/4" x 1" grid, along the perimeter with cable ties.
3. Insta1170# nylon wire, from post top to post to, to prevent the geese from entering
the exclosure from the air.
4. Repair as necessary to remain effective for 2 seasons.
6~Pa~~e
5. Remove and dispose when instructed.
3.05 WILDLIFE STRUCTURES
Install Bluebird houses, Mallard Nests and Wood Duck Nests on galvanized U-Posts with stainless
steel bolts.
3.06 STEWARDSHIP
A. General
Work detailed in this section relates to the short and long-term maintenance of the
natural plantings. Stewardship shall start upon planting and end at Final Acceptance.
Follow recommendations of the owner's representative as to specific timings of
mowings, herbicide applications, and other routine activities based on
vegetation monitoring and site evaluations.
B. Materials
Any additional seeding or planting required will be done with species mixes from the
aforementioned tables for each appropriate area and per specifications.
C. Pesticides
1. Always choose products with the lowest environmental impact for the task at hand, and
use organic or non-toxic products whenever possible.
2. Storage, handling, application, clean up and disposal of all pesticides and other
controlled use materials shall be in strict conformance with atl government and
industry standards.
3. Maintain and operate all pesticide application equipment according to manufacturer's
standards and instructions. Equipment shall be clean, fee of leaks, calibrated and
deliver spray patterns as specified by the manufacturer.
4. Utilize pesticides only for their labeled use and in accordance with
precautions, instructions, and rates specified by the manufacturer.
5. Pesticide shall be applied only by licensed applicators. Notify the owner prior
to application of any pesticide or other chemical control agent.
6. On-site water sources are not available for mixing or clean up of pesticides.
Legally dispose of residues and pesticide wastes off-site.
D. Stewardship
I. Watering.
a. Apply sufficient water to the wetland and prairie plants for 6-8 weeks post
7~Pa~e
planting to allow for dense root establishment of the native plug plantings.
No onsite water source is available.
b. Apply water with sprinklers or nozzle that creates a gentle application.
Avoid harsh stream sprays that wash the plants or seed from the ground.
Stewardship & Weed Control
Mow the planting areas to a height of 4-8" approximately 5-6 times per growing
season. Mowing shall take place when the non-native and weedy native species are
flowering so as to prevent seed set. Control undesirable plant species, when present in
small quantities. Control invasive species by hand pulling prior to the development and
maturity of the plant. Hand removal shall include the removal of all aboveground and
belowground stems, roots and flower masses prior to development of seeds. Non-
selective herbicides can be used but with caution. If the herbicides are misapplied the
contractor will be responsible for repairing the damaged areas with plants or seed.
The only acceptable herbicides are glyphosate based such as Roundup, Rodeo,
Razor Garlon, Aquaneat or approved generic. All herbicides must be mixed with an
indicator dye such as Signal or Spi-Max for a visual indicator of proper application.
During the 3-year stewardship period the stewardship contractor for the native plant
communities shall prevent the following aggressive invasive species from becoming
established:
Reed Canary Grass
White & Yellow Sweet Clover
Kentucky Blue Grass
Tall Fescue
Purple Loosestrife
Sandbar Willow
Mullein
Teasel
Canada Thistle
Bull Thistle
Garlic Mustard
Pastinaca
(Phalaris arundinacea)
(Melilotus alba & officianalis)
(Poa pratensis)
(Festuca eliator)
(Lythrum salicaria)
(Salix interior)
(Verbascum thapsus &V.blattaria)
(Dipsacus lacinatus & D. sylvestris)
(Cirsium arvense)
(Cirsium vulgare)
(Alliaria petiolata)
(Pastinaca saliva)
Prevent the following non-native species or any other invasive species
designated by the owner's representative from reproducing. They are to be
mowed at during flowering to prevent seed set:
Queen Anne's Lace (Daucus carota)
Black Medic (Medicago sativa)
Foxtail /Millet (Setaria spp.)
Red Clover (Lotus x hybrida)
Stewardship Billing
Invoices must be submitted monthly with detail of dates and times of visits, man hours,
actions taken, invasive species present and herbicide used.
8~Page
9~Pz~~e
3.07 CONTROLLED BURN
A. Burn Plan and Permit Application
1. Burn plan includes a drawing of the area indicating acreage, fire breaks, ignition pattern,
escape route and safety zone, smoke dispersal patterns, prescribed weather conditions,
number of personnel and equipment used. The crew leader must have 5 years of
prescribed burn experience and an 5290 Prescribed Burn Training Certification.
2. Timing Execute I burn during the third year of stewardship.
3. Obtain and pay for all required permits.
4. Conduct all burns in accordance with local, state, and federal regulations
5. Notify the local fire department at least one month prior to bum for approval.
6. Test and calibrate all equipment prior to initiating the bum.
7. Prior to the burn secure the area and remove everyone but active trained participants. As
necessary, re-route traffic away from the bum area.
B. Bum Sequence
1. Verify weather forecast 1 day in advance and the day of the bum.
2. Notify local authorities 1 day in advance and the day of the burn.
3. Create perimeter firebreaks and around trees, shrubs or other elements requiring
protection. Establish escape routes and safety zones.
4. Contract apre-bum briefing with crew.
5. Start backfires prior to completing main bum.
6. Ignite main bum
7. Monitor and control any hot spots or snags remaining after the bum.
8. Mow or brushcut any remaining standing vegetation as directed by the owner's
representative.
C. Clean up and Final Site inspection
1. Check all areas for embers and hot spots to ensure these are extinguished.
2. All trash, ash or fuel spills must be mopped from the landscaae.
3. Any damage to the landscape from heat or flames, including trees, shrubs, fencing, etc.
must be noted and submitted to the owner's representative for client review.
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D. Post Burn Report -Submit day of the fire.
1. Date, time and duration of the burn
2. Weather conditions at the time of the bum.
3. What were the extent and timing of the notification of the fire department, city officials
and neighbors?
4. Additional Comments
E. Acceptance
The bum will be reviewed by the owner's representative during or immediately after the
burn is completed.
2. The success of the burn will be determined by the percent of the unit that was burned.
An acceptable bum will cover 65-90% of the burn unit.
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