O-36-14 Ord Authorizing Annex Agree for 6.5 Acres S. of 127th W. of 355 VILLAGE OF LEMONT
ORDINANCE NO.L2-3 fr 4
AN ORDINANCE AUTHORIZING AN ANNEXATION AGREEMENT FOR 6.5 ACRES
LOCATED SOUTH OF 127TH STREET AND WEST OF INTERSTATE 355 IN LEMONT,IL
(Birch Path)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 9TH DAY OF JUNE,2014
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont,Cook,DuPage,and Will
Counties,Blinois this 9th day of
June,2014
ANNEXATION AGREEMENT
BIRCH PATH
ARTICLE TITLE
I Definitions
II Annexation Agreement
III Zoning, Land Use, and Development
IV Fees, Permits, and Occupancy
V Construction of Public Improvements
VI Required Improvements
VII Dedication and Construction of Streets
VIII Financial Assurances for Site Improvements
IX Maintenance of Improvements and Common Areas
X Damage to Public Improvements
XI Land and Cash Contributions
XII Donation and Acceptance of Open Areas and Detention Areas
XIII Easements and Utilities
XIV Government Interests Served
XV Special Service Area
XVI Approval of Plans
XVII Binding Effect and Term of Covenants Running with the Land
XVIII Notices
XIX Security Interests
XX Warranties and Representation
XXI Continuity of Obligations
XXII No Waiver or Relinquishment of Right to Enforce Agreement
XXIII Village Approval or Direction
XXIV Singular and Plural
XXV Section Headings and Sub-Headings
XXVI Recording
XXVII Authorization to Execute
XXVIII Amendments
XXIX Counterparts
XXX Curing Default
XXXI Conflict Between Text and Exhibits
XXXII Severability
XXXIII Reimbursement to Village for Legal and Other Fees/Expenses
HIV Execution of Agreement
XXXV Notary Certificates
ii
EXHIBIT TITLE
A Legal Description
B Plat of Annexation, prepared by Landmark Engineering on 5/28/14
C Birch Path Existing Topography and Tree Survey,prepared by
Landmark Engineering on 6/3/14,page 2 of 10.Birch Path
D Birch Path Geometry Plan,prepared by Landmark Engineering on
6/3/14, page 3 of 10.
E Birch Path Preliminary Grading Plan,prepared by Landmark
Engineering on 6/3/14,page 5 of 10.
F Birch Path Preliminary Landscape Plan,prepared by J. G. S.
Landscape Architects on 2/20/14.
G Tollway Permit NS 14-01
H Cash Contribution Schedule
1 Birch Path PUD Plans,prepared by Landmark Engineering
on 6/3/14,pages 1 - 10
iii
1 ANNEXATION AGREEMENT—BIRCH PATH PUD
2
3 THIS ANNEXATION AGREEMENT (hereinafter referred to as "AGREEMENT"), is
4 made and entered into this I day of Uyx , 2014,between the Village of Lemont,
5 a municipal corporation of the Counties�ok,DuPage and Will, in the State of Illinois
P IP �
6 (hereinafter referred to as"VILLAGE"), and Lemont 19, LLC (hereinafter referred to as
7 "OWNER") and Tempo Development Inc., an Illinois Corporation, the contract purchaser,
8 (hereinafter referred to as "DEVELOPER"). The VILLAGE, OWNER and DEVELOPER are
9 hereinafter sometimes referred to individually as a"PARTY"and collectively as the
10 "PARTIES"; and,
11
12 WHEREAS,the OWNER is the owner of record of the real estate (hereinafter referred
13 to as the"TERRITORY"), comprising approximately 6.5 acres,the legal description of which is
14 in Exhibit A; and
15
16 WHEREAS,the OWNER filed a Petition for Annexation of the TERRITORY to the
17 VILLAGE(hereinafter,the"Petition")that requested annexation of the TERRITORY subject to
18 execution of an annexation agreement acceptable to the OWNER and DEVELOPER and the
19 VILLAGE; and,
20
21 WHEREAS,the TERRITORY has not been annexed to any municipality; and,
22
23 WHEREAS, the TERRITORY constitutes an area that is contiguous to and may be
24 annexed to the VILLAGE,as provided under the Illinois Municipal Code, 65 ILCS 5/7-1-1, et.
25 seq.; and,
26
27 WHEREAS,the OWNER and DEVELOPER and the VILLAGE agree that they will be
28 bound by the terms of this AGREEMENT; and
29
30 WHEREAS,the VILLAGE would extend its zoning, building,health and other
31 municipal regulations and ordinances over the TERRITORY,thereby protecting the VILLAGE
32 from possible undesirable or inharmonious use and development of unincorporated areas
33 surrounding the VILLAGE; and,
34
35 WHEREAS,the new boundaries of the VILLAGE,resulting from this Annexation shall
36 extend to the far side of every highway and shall include all of every highway not already
37 annexed; and,
38
39 WHEREAS,pursuant to the provisions of the Illinois Municipal Code(65 ILCS 5/1 et.
40 seq.),the Corporate Authorities of the VILLAGE has taken all steps legally required; and
41
42 WHEREAS,the Corporate Authorities of the VILLAGE have considered the
43 Annexation of the TERRITORY described in the Petition and has determined that the best
44 interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and
45 developed in accordance with the provisions of this AGREEMENT.
46
1
1 WHEREAS,the OWNER and DEVELOPER desire that the TERRITORY and
2 development henceforth be known as "Birch Path;"
3
4 NOW,THEREFORE, in consideration of the foregoing and of the mutual covenants
5 hereinafter contained,the PARTIES agree as follows:
6
7
8 I
9
10 DEFINITIONS
11
12 Except as modified herein,the Definitions set forth in this AGREEMENT shall apply.
13
14 BUILDING CODE Title 15 of the Lemont, Illinois Municipal Code and any other applicable
15 codes governing the erection and maintenance of buildings.
16
17 COMMON AREA A parcel of land or an area of water, or combination thereof,and any
18 improvements thereon, within a designated development tract(such as a subdivision) which is
19 designed for common use or benefit and not reserved for the exclusive use or benefit of an
20 individual tenant or owner. Examples of common areas include,but are not limited to: green
21 open spaces,parking lots, and pedestrian walkways.
22
23 FINAL ENGINEERING PLAN A plan, signed and sealed by a licensed professional engineer
24 registered in the state of Illinois that meets the requirements for a final engineering plan in the
25 Unified Development Ordinance. A final engineering plan depicts all public and private support
26 facilities including,but not limited to: roads, sidewalks,drainage ditches,culverts and water
27 retention areas, sanitary sewers, storm sewers, water supply lines, and illumination.
28
29 FINAL LANDSCAPING PLAN A plan, signed and sealed by a registered landscape architect
30 that meets the requirements for a final landscape plan in the Unified Development Ordinance.
31
32 FINAL PLAT A plat of all or a portion of a subdivision or site plan that is presented to the
33 VILLAGE for final approval.
34
35 PLAT A document,prepared by a registered surveyor or engineer that delineates a tract of land,
36 showing the boundaries and locations of individual properties and streets.
37
38 PROPERTY A lot,parcel,tract or plot of land together with the buildings and structures
39 thereon.
40
41 PUBLIC IMPROVEMENT Any improvement, facility, or service together with its associated
42 site or right-of-way necessary to provide transportation,drainage, storm water management,
43 public or private utilities, energy, or other essential services, or landscaping as indicated on the
44 plans attached to this AGREEMENT.
45
46 UNIFIED DEVELOPMENT ORDINANCE("UDO") Title 17 of the Lemont, Illinois Municipal
47 Code.
48
2
1 II
2
3 ANNEXATION AGREEMENT
4
5 The provisions set forth in the preamble above are incorporated into and made a part of
6 this AGREEMENT. No portion of the TERRITORY shall be disconnected from the VILLAGE
7 without the prior written consent of its Corporate Authorities.
8
9 The Plat of Annexation of said TERRITORY is attached hereto as Exhibit B. Said Plat extends
10 the new boundaries of the VILLAGE to the far side of any adjacent highway not already annexed
11 and includes all of every highway within the TERRITORY so annexed. Upon adoption of an
12 ordinance annexing the TERRITORY to the VILLAGE,the Village Clerk shall cause a copy of
13 said ordinance and said Plat to be duly recorded with the Cook County Recorder,and duly filed
14 with the Cook County Clerk.
15
16 The Village Clerk shall also send notice of Annexation of the TERRITORY,by certified or
17 registered mail to:
18 A, the Cook County Elections Department;
19 B. the U.S. Post Office branch serving the TERRITORY;
20
21
22 III
23
24 ZONING,LAND USE,AND DEVELOPMENT
25
26 Zoning. The TERRITORY shall be zoned R-4 PUD and shall be developed exclusively
27 for 19 single-family detached residences.
28
29 Development Plans. The TERRITORY shall be developed in substantial accordance
30 with PUD Final Plan/Plat that shall be submitted to and approved by the VILLAGE in
31 accordance with the Unified Development Ordinance. The PUD Final Plan/Plat shall retain the
32 design characteristics, and shall be in substantial compliance with the PUD Preliminary
33 Plan/Plat. Said PUD Preliminary Plan/Plat shall consist of the standards and regulations
34 prescribed by ordinance and the standards and design criteria provided for in Exhibit I, which
35 shall be incorporated into this Agreement by reference as if set forth verbatim herein.
36
37 Tollway permit NS 14-01. Executed copy of the Tollway permit shall be submitted prior to
38 Final PUD Plan/Plat approval.
39
40 Residential Design Standards. Residential design standards shall be submitted and approved
41 prior to Final PUD Plan/Plat approval. Standards shall include high quality materials, appropriate
42 architectural elements and design features that enhance community interaction.
43
44 Tree Preservation and Mitigation Plan. A tree preservation plan for the TERRITORY
45 shall be submitted prior to Final PUD Plan/Plat. Trees identified on the tree survey shown in
46 Exhibit C are to be identified for preservation and removal. Trees identified for removal are to
47 be mitigated as directed by the Village Arborist.
48
3
•
•
1 UDO Standards. With respect to the development of the TERRITORY,the PARTIES
2 agree that in any case where the standards of the UDO now or hereafter conflict with the
3 standards of this AGREEMENT,the standards of this AGREEMENT shall govern. The
4 PARTIES agree that the standards of this AGREEMENT shall govern with respect to
5 development of the TERRITORY in any case in which there are no applicable standards
6 provided in the UDO. In any case in which the UDO contains applicable standards that do not
7 conflict with the standards of this AGREEMENT,the standards of the UDO shall govern with
8 respect to the development of the TERRITORY.
9
10 UDO Exceptions. Chapter 17.08 (Planned Unit Developments) of the Unified
11 Development Ordinance makes provision for exceptions to the requirements of the UDO in order
12 to promote and allow innovation and flexibility of design in keeping with the public interest and
13 welfare. It is understood that the subdivision will provide diversity to the existing housing stock
14 and the residential design of the homes is a feature that is of public interest and welfare. As
15 provided for in Chapter 17.08 (Planned Unit Developments) of the Unified Development
16 Ordinance, the VILLAGE has deemed it appropriate to approve the following selected
17 exceptions as part of the Planned Unit Development for Birch Path:
18
19 A. Setback requirements shall be 25' front yard and 10' for side yards
20 B. Setback requirements shall be 20' for rear yards except for lots 8, 9, 16 and 17
21 setbacks shall be reduced to 10' as indicated on Exhibit D
22 C. Lot widths shall vary between 65'-70' as indicated on Exhibit D
23 D. Lot sizes shall be as indicated on Exhibit D
24 Landscape Plan. The preliminary grading plan depicted in Exhibit E includes
25 landscaping details for the proposed berm in the southeastern corner of the property and also
26 includes a notation stating that tree mitigation is to be contained within Outlot B& Outlot C, .
27 The landscape plan depicted in Exhibit F shows the parkway plantings, Outlot A plantings and
28 the plantings subject to the tllway permit NS 14-01. Tollway permit NS-14-01 is attached for
29 reference as Exhibit G. Landscaping details of all exhibits are to be incorporated into the Final
30 Landscape Plan prior to Final Plat/Plan approval.
31
32 Other Ordinances. Except as otherwise provided for in this AGREEMENT,the
33 TERRITORY shall be developed pursuant to the terms and provisions of the Unified
34 Development Ordinance, Building Code, and all applicable statutes, ordinances,rules,
35 regulations and laws. The PARTIES understand and agree that the Unified Development
36 Ordinance, Building Code, and all applicable statutes, ordinances,rules,regulations and laws of
37 the VILLAGE shall remain applicable and in full force and effect during the term of this
38 AGREEMENT. Furthermore, the PARTIES understand and agree that said ordinances may
39 from time to time be amended or new ordinances promulgated and that, except as otherwise
40 provided for in this AGREEMENT, such new ordinances or ordinance amendments shall apply
41 to the TERRITORY.
42
43 Expiration of Terms. The conditions of this AGREEMENT relating to the development
44 of the TERRITORY incorporated herein by reference and made a condition to the grant of this
45 special use zoning for the planned unit development shall survive the expiration of this
46 AGREEMENT and shall remain in effect unless or until the zoning of the property has been
47 altered in accordance with law.
4
1
2 IV
3
4 FEES,PERMITS,AND OCCUPANCY
5
6 Fees. No new fees other than those fees currently in existence and assessed by the
7 VILLAGE, including but not limited to permit fees,plan review fees, inspection fees,utility
8 fees, application fees,tap-on fees, and user fees, shall be imposed by the VILLAGE upon the
9 OWNER or the TERRITORY until five(5)years after the date of this AGREEMENT.
10 Thereafter, any such new fees of general applicability throughout the VILLAGE shall apply to
11 the TERRITORY as well. The PARTIES acknowledge and agree that the Site Development
12 Fees calculated in Section VIII of this AGREEMENT and other fees contained in the Cash
13 Contribution Schedule,attached hereto and incorporated herein as Exhibit H, shall not be
14 changed.
15
16 Building Permits. Within ten(10)business days after receipt of a complete application
17 by OWNER or DEVELOPER for a building permit for construction of any buildings or other
18 improvements on the TERRITORY,the VILLAGE shall either issue a permit authorizing such
19 construction, issue a permit authorizing such construction subject to satisfaction of specified
20 conditions consistent with the terms of this AGREEMENT, or issue a letter of denial of such
21 permit specifying the basis of said denial by reference to the provisions of Building Code or any
22 other applicable code, applied in accordance with this AGREEMENT,which the subject
23 construction would allegedly violate. If the VILLAGE conditionally approves such a permit, the
24 VILLAGE shall issue the permit unconditionally within five (5)business days after satisfaction
25 by the OWNER or DEVELOPER of specified conditions.
26
27 Temporary Certificates of Occupancy. Temporary Certificates of Occupancy shall
28 only be issued by the VILLAGE between November 1st of any year and May 1st of any
29 subsequent year when adverse weather conditions do not permit outside painting, landscaping,
30 driveway construction or final grading of individual homes, appurtenances or lots. Temporary
31 certificates of occupancy may be issued by the VILLAGE,in its sole discretion, for any finished
32 home or structure, which is not otherwise completely finished as heretofore provided,provided
33 that: (i) said finished part or portion is designed for or capable of separate use or occupancy; and
34 (ii) such part or portion is safe for the use and occupancy intended; and(iii) sewer,water, and
35 streets are properly installed in and to the home or structure.
36
37 Payment of Recapture Fees Owed. The entire recapture fee required to be paid by this
38 TERRITORY shall be due and payable to the VILLAGE at the time an application for the first
39 building permit has been submitted to the VILLAGE for any portion of the TERRITORY.
40
41
42 V
43
44 CONSTRUCTION OF PUBLIC IMPROVEMENTS
45
46 Timing of Construction. After the execution of this AGREEMENT and prior to
47 final subdivision plat approval,the OWNER, at its option and sole risk,may commence
48 extension of utilities and mass grading. Prior to any grading of the TERRITORY,the OWNER
5
1 shall submit for VILLAGE approval, a mass grading plan and soil erosion and sediment control
2 plan that adhere to the provisions of Article IV(Site Development) of the UDO. The OWNER
3 waives any and all claims it may have to assert a"vested rights" claim or lawsuits against the
4 VILLAGE as a result of expenditures made in the performance of grading or other improvements
5 to the TERRITORY allowed hereunder prior to final engineering approval in the event final
6 engineering requires revision to work already performed. Any such work and expenditures are
7 done at the risk of the OWNER and DEVELOPER knowing that final plat of subdivision
8 approval may be delayed or change final grading and utility plans. The OWNER or
9 DEVELOPER shall file with the VILLAGE a letter of credit, or other cash deposit, as set forth in
10 Article VIII of this AGREEMENT to secure seeding and restoration of the site in accordance
11 with the mass grading plan.
12
13 "As Built" Plans. The OWNER and DEVELOPER, at the OWNER's and
14 DEVELOPER's own cost,agree to provide the VILLAGE"as built"engineering plans and
15 specifications upon substantial completion of the public improvements or at the request of the
16 VILLAGE Engineer but in no event later than the time required by the UDO as amended. Said
17 "As Built"plans shall be delivered to the VILLAGE in paper format as well as electronic format
18 suitable to and approved by the VILLAGE. If there are any changes after substantial completion
19 revised"as built"plans shall be provided to the VILLAGE.
20
21 Debris. The OWNER and DEVELOPER agree not to let debris or excessive
22 construction waste accumulate on the TERRITORY.
23
24
25 VI
26
27 REQUIRED IMPROVEMENTS
28
29 Water Supply. The OWNER or DEVELOPER shall construct and install at OWNER'S
30 or DEVELOPER's expense all necessary water mains to service the TERRITORY. All water
31 mains shall be constructed and installed in accordance with the UDO and final engineering plans
32 approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned
33 water mains to the water facilities of the VILLAGE and to furnish water service on the same
34 basis as said services are furnished to other parts of the VILLAGE. The VILLAGE represents
35 and warrants that its potable water supply has sufficient capacity and availability and its
36 distribution system, existing or to be constructed,has or will have the capability to provide
37 potable water service to the TERRITORY now and as fully developed for OWNER'S or
38 DEVELOPER's intended development.
39 Sanitary and Storm Sewers. The OWNER or DEVELOPER shall construct and install
40 at OWNER's or DEVELOPER's expense all necessary sanitary and storm sewers to service the
41 TERRITORY in accordance with the UDO and final engineering plans approved by the
42 VILLAGE. The VILLAGE agrees to permit connection of the aforementioned sanitary sewers
43 to the sanitary sewer facilities of the VILLAGE and to furnish sewer service on the same basis as
44 said services are furnished to other parts of the VILLAGE. The OWNER and DEVELOPER
45 agree that no surface water is to be discharged into the sanitary sewerage collection system and
46 will make adequate provisions that this will not occur. Tap-on fees required by the VILLAGE
47 shall not be waived. All sanitary and storm sewers,except service connections, shall be owned
6
I and maintained by the VILLAGE, with right of access by the VILLAGE for emergency
2 management purposes. The VILLAGE represents and warrants that it manages and operates a
3 sanitary sewer system within the VILLAGE for sewage disposal and the VILLAGE's system
4 presently has sufficient capacity to provide sanitary sewer service to the TERRITORY for
5 OWNER's or DEVELOPER's intended development.
6 Detention Areas. The OWNER or DEVELOPER shall construct and install at
7 OWNER's or DEVELOPER's expense all detention areas, as identified on Exhibit D, and
8 appurtenant structures such as drains, inlets,and outlets. Prior to the issuance of a full site
9 development permit, and in conjunction with approval for the PUD Final Plan/Plat,the OWNER
10 or DEVELOPER shall submit detailed final engineering and final landscape plans for the
11 detention area. These final engineering and landscape plan for the detention area shall be in
12 substantial conformance with Exhibits E & F.
13
14 Sidewalks,Parkway Trees and Other Trees. OWNER or DEVELOPER shall be
15 required to construct sidewalks and install parkway trees and other trees in the common areas
16 and tollway property as depicted on Exhibits E & F. Sidewalks and trees immediately adjacent
17 or connected to a lot that is being constructed must be installed prior to the issuance of a
18 Certificate of Occupancy. Sidewalks,parkway trees and trees in the common and unimproved
19 areas shall be installed by the OWNER or DEVELOPER no later than four(4)years after the
20 recording of the applicable Final Plat. Sidewalks and parkway trees shall be installed during the
21 course of construction.
22
23 Other Improvements. The OWNER or DEVELOPER shall construct and install at
24 OWNER's or DEVELOPER's expense all other improvements in accordance with the
25 requirements of the Unified Development Ordinance of the VILLAGE and final engineering and
26 fmal landscape plans approved by the VILLAGE.
27
28 Mutual Assistance. The PARTIES hereto agree to do all things necessary and
29 appropriate to carry out the terms and conditions of this AGREEMENT and to aid and assist
30 each other in furthering the intent of the PARTIES as reflected by the terms of this
31 AGREEMENT, including without limitation,the holding of public hearings, enactment by the
32 VILLAGE of such resolutions and ordinances as are required herein,the execution of permits,
33 applications and agreements and the taking of such other actions as may be necessary to enable
34 the PARTIES to comply with the terms and provisions of this AGREEMENT.
35
36
37 VII
38
39 DEDICATION AND CONSTRUCTION OF STREETS
40
41 Design and Construction of Streets. The OWNER or DEVELOPER shall design
42 streets within the TERRITORY according to the standards of the Unified Development
43 Ordinance. All interior streets within the TERRITORY shall be dedicated to the VILLAGE.
44 Said streets shall be constructed in accordance with the final engineering plans approved by the
45 VILLAGE. It is understood that in constructing the streets and public sidewalks the OWNER or
46 DEVELOPER shall post a letter of credit, or other cash deposit, as set forth in Article VIII
47 hereof, after which the OWNER or DEVELOPER may proceed to construct said streets.
7
1 Completion of Street Improvements. The OWNER or DEVELOPER shall provide
2 access to each residential unit. Any street right-of-way not already dedicated at the time of this
3 AGREEMENT shall be dedicated in the final plat of subdivision. The VILLAGE shall accept
4 the dedication of said street right-of-way and the construction of streets and public sidewalks
5 upon the completion by the OWNER or DEVELOPER of said improvements in accordance with
6 the VILLAGE's construction standards and Unified Development Ordinance,as modified by this
7 AGREEMENT. The acceptance by the VILLAGE shall be evidenced by a corporate resolution.
8 The final wearing surface shall not be installed until at least nine months after the installation of
9 the base course. After completion of the construction and acceptance of any street,and if
10 construction traffic of the OWNER or DEVELOPER continues to utilize that street,the OWNER
11 or DEVELOPER shall be responsible for keeping the street free from construction debris and for
12 repair of damages to the street caused by the OWNER's or DEVELOPER's construction traffic.
13 Except as otherwise provided herein, after dedication of any street right-of-way at the time of
14 final plat,the VILLAGE shall enforce traffic and other regulations as to the street right-of-way.
15 All deliveries of construction supplies or materials shall be restricted to certain streets agreed
16 upon by the OWNER and the VILLAGE.
17
18 Snow Plowing of Streets before Acceptance. The OWNER and DEVELOPER and the
19 VILLAGE acknowledge that until the streets in any platted subdivision of the TERRITORY are
20 accepted by the VILLAGE,the VILLAGE shall have no obligation to keep the streets plowed of
21 ice and snow(snowplowed).
22
23 Debris. The OWNER or DEVELOPER shall be required to keep all streets within and
24 adjoining the TERRITORY free from mud and debris generated by any new construction activity
25 on the TERRITORY.
26
27
28 VIII
29
30 FINANCIAL ASSURANCES FOR SITE IMPROVEMENTS
31
32 Site Development Permit. Prior to any site development work on the TERRITORY, to
33 include but not limited to grading and work done in connection with the extension and
34 establishment of water and sewer systems,the OWNER or DEVELOPER will apply for a site
35 development permit in accordance with Article IV of the Unified Development Ordinance and
36 standard VILLAGE practice.
37
38 Fee Calculation. The PARTIES hereto conclusively acknowledge that the
39 aforementioned site development fee consists of the Village's Engineering Review Fee. The site
40 development fee described herein shall be in full, complete and final satisfaction of all
41 obligations of the OWNER or DEVELOPER or the TERRITORY for the Village's Engineering
42 Review Fee under all applicable VILLAGE ordinances. The Site Development Fee applicable to
43 the TERRITORY shall be calculated as follows:
44
45 The site development permit fee shall be calculated as follows:
46 Site development fee=(Number of acres x $100) + (engineer's estimate x 0.05)
47
8
1 The "engineer's estimate"in the above formulas shall mean a Professional Engineer's
2 estimate of the cost of construction of all the total estimated cost of all on-site public
3 improvements to be installed or constructed as required by the approved development plans. The
4 validity of said estimate shall be verified by the Village Engineer.
5
6 Letter of Credit. The VILLAGE shall not issue a site development permit for any phase
7 of development of the TERRITORY until the OWNER or DEVELOPER has delivered to the
8 VILLAGE an irrevocable letter of credit, or cash escrow, in a form satisfactory to, and from a
9 bank or other financial institution approved by the VILLAGE in the amount of 115%of the
10 engineer's estimate of the cost of construction and installation of all site improvements as
11 approved by the Village Engineer, including all required grading, lighting, natural area
12 establishment, landscaping sidewalks, sewer and water lines and storm water management
13 facilities. The"engineer's estimate" in the above sentence shall mean a Professional Engineer's
14 estimate of the total estimated cost of all on-site public improvements to be installed or
15 constructed as required by the approved development plans and exhibits attached to this
16 AGREEMENT. The validity of said estimate shall be verified by the Village Engineer. Upon
17 request of the OWNER for reduction of such letter of credit or cash escrow the Village Engineer
18 shall, in his/her discretion,recommend the amount of said letter of credit or cash escrow to be
19 reduced, from time to time, as major site improvements are completed,upon approval of the
20 Corporate Authorities of the VILLAGE. Notwithstanding anything contained herein to the
21 contrary,the VILLAGE shall reduce the letter of credit annually as the work is completed and
22 accepted by the VILLAGE in writing, such that the letter of credit shall be equal to no more than
23 115%of the engineer's estimated cost of completion.
24
25 Acceptance. All of the public improvements contemplated herein shall,upon acceptance
26 thereof by the VILLAGE,become the property of VILLAGE and be integrated with the
27 municipal facilities now in existence or hereinafter constructed and VILLAGE thereafter agrees
28 to maintain said public improvements. Acceptance of said public improvements shall be by a
29 duly authorized resolution of the Corporate Authorities of the VILLAGE only after the Village
30 Engineer has issued his Certificate of Inspection affirming the improvements have been
31 constructed in accordance with approved Engineering Plans and Specifications. OWNER and
32 DEVELOPER agree to convey by appropriate instrument and VILLAGE agrees to promptly
33 accept, subject to terms hereof,the public improvements and detention areas constructed in
34 accordance with the Approved Engineering Plans and Specifications.
35
36
37 IX
38
39 MAINTENANCE OF IMPROVEMENTS AND COMMON AREAS
40
41 Maintenance Bond. At the time or times of acceptance by the VILLAGE of the
42 installation of any part, component, or all of any public improvement in accordance with this
43 Section, or any other section of this AGREEMENT,the OWNER or DEVELOPER shall deposit
44 with the VILLAGE a maintenance bond in the amount of ten percent(10%)of the cost of the
45 installation of the public improvements accepted by VILLAGE. This bond shall be deposited
46 with the VILLAGE and shall be held by the VILLAGE for a period of twenty-four(24)months
47 after completion and acceptance of all improvements. In the event of a defect in material and/or
9
1 workmanship within said period,then said security shall not be returned until correction of said
2 defect and acceptance by the VILLAGE of said corrections.
3
4 Owner's Guarantee. The OWNER and DEVELOPER hereby guarantee the prompt and
5 satisfactory correction of all defects and deficiencies in the improvements that occur or become
6 evident within two years after approval and any acceptance of the improvements by the
7 VILLAGE pursuant to this AGREEMENT. If any defect or deficiency occurs or becomes
8 evident during the two-year period, excepting normal usage and wear-and-tear therefrom,then
9 the OWNER or DEVELOPER shall, after(10)ten business days' prior written notice from the
10 VILLAGE (subject to Force Majeure), correct it or cause it to be corrected, within a reasonable
11 time as determined by the VILLAGE. In the event any sidewalks or trees are repaired or
12 replaced pursuant to the demand of the VILLAGE, the Guarantee provided in this Section IX of
13 this AGREEMENT shall be extended, as to the repair or replacement, for two (2)full years from
14 the date of the repair or replacement. Such prior written notice from the VILLAGE of any defect
15 or deficiency must be provided within the two (2)year guarantee period or any applicable
16 extension of the guarantee period.
17
18 Owner's Maintenance of Private Areas. If any improvements or common areas within
19 the TERRITORY are to be privately owned and maintained,then the OWNER or DEVELOPER
20 shall,at OWNER or DEVELOPER 's sole cost and expense, maintain the improvements and
21 areas within the TERRITORY without any modification, except as specifically approved by the
22 VILLAGE, in a first-rate condition at all times unless an owners' association is established and
23 assumes responsibility for improvements or areas. In the event the VILLAGE determines, in the
24 VILLAGE'S sole and absolute discretion,that the OWNER or DEVELOPER, is not adequately
25 maintaining, or has not adequately maintained,any improvement or area,the VILLAGE shall
26 have the right,but not the obligation, after ten(10)business days' prior written notice to the
27 OWNER or DEVELOPER,to enter on any or all of the TERRITORY for the purpose of
28 performing maintenance work on any affected improvement or area. In the event that the
29 VILLAGE shall cause to be performed any work pursuant to this Section IX,the VILLAGE shall
30 have the right to draw from the performance securities deposited pursuant to this AGREEMENT,
31 or the right to demand immediate payment directly from the OWNER and DEVELOPER,based
32 on costs actually incurred or on the VILLAGE'S reasonable estimates of costs to be incurred, an
33 amount of money sufficient to defray the entire costs of the work, including without limitation
34 legal fees and administrative expenses. The OWNER or DEVELOPER shall, after demand
35 from the VILLAGE,pay the required amount to the VILLAGE. In the event that the VILLAGE
36 shall cause to be performed any work pursuant to this Section IX the VILLAGE shall have the
37 right to: (i)file a lien against the property of the OWNER or DEVELOPER or any owner failing
38 to maintain or pay for the maintenance of private areas and(ii)enforce the lien in the manner
39 provided by law for mortgage foreclosure proceedings.
40
41 HOA's Maintenance of Private Areas. If a homeowners' association is established and
42 assumes responsibility for any improvements, open space, and/or common areas within the
43 TERRITORY,the homeowners' association shall, at its sole cost and expense,maintain the
44 improvements and areas without any modification, except as specifically approved by the
45 VILLAGE, in a first-rate condition at all times. In the event the VILLAGE determines, in the
46 VILLAGE'S sole and absolute discretion,that the homeowners' association is not adequately
47 maintaining, or has not adequately maintained,any improvement or area,the VILLAGE shall
48 have the right,but not the obligation, after ten(10)business days' prior written notice to the
10
I homeowners' association,to enter on any or all of the TERRITORY for the purpose of
2 performing maintenance work on any affected improvement or area. In the event that the
3 VILLAGE shall cause to be performed any work pursuant to this Section IX the VILLAGE shall
4 have the right to: (i)assess the membership of the homeowners' association for that work; and
5 (ii) file a lien against the property of the homeowners' association or the property of any member
6 failing to pay the assessment; and(iii)enforce the lien in the manner provided by law for
7 mortgage foreclosure proceedings.
8
9
10 X
11
12 DAMAGE TO PUBLIC IMPROVEMENTS
13
14 The OWNER or DEVELOPER shall replace and repair any damage to public
15 improvements installed within, under or upon the TERRITORY resulting from construction
16 activities by OWNER or DEVELOPER, OWNER's or DEVELOPER's successors or assigns
17 and their employees, agents,contractors or subcontractors during the term of this
18 AGREEMENT.
19
20
21 XI
22
23 LAND AND CASH CONTRIBUTIONS
24
25 Cash Contributions. The OWNER or DEVELOPER, or any successors in interest as to
26 any portion of the TERRITORY, shall make cash contributions at the time of issuance of
27 building permits for each individual dwelling unit. Said fees shall be as indicated on the Cash
28 Contribution Schedule, attached hereto and incorporated herein as Exhibit H. The Annexation
29 Fee shall be $125.00 per residential lot,which also shall be paid at the time of issuance of
30 building permit.
31
32
33 XII
34
35 DONATION AND ACCEPTANCE OF OPEN AREAS AND DETENTION AREAS
36
37 Detention Area. The detention area is Outlot B (hereinafter"detention area")as
38 identified on Exhibit E. Detention area and all appurtenant structures to said detention area, as
39 identified on Exhibit E,are to be conveyed by Warranty Deed to the VILLAGE. The OWNER
40 or DEVELOPER shall provide Title Insurance in the amount of the current market value,pay all
41 real estate taxes and upon conveyance of the detention area to the VILLAGE,the OWNER or
42 DEVELOPER shall provide a sufficient credit of 105%of previous year's taxes then due,to the
43 VILLAGE. . The VILLAGE shall promptly apply for real estate tax exemption for such
44 detention parcels after the recording of any Warranty Deed for the detention area has been
45 conveyed to the VILLAGE as contemplated hereunder.
46
47 Insurance. The open space areas are Outlots A and C (hereinafter"open space areas") as
48 identified on Exhibit E. As to any detention area and open space areas conveyed to the
11
1 VILLAGE upon which construction activities are on-going,the OWNER or DEVELOPER shall
2 maintain builder's risk insurance covering its construction activities upon such areas, and shall
3 name the VILLAGE as an additional name insured as to such insurance policy(ies)providing
4 such coverage. As to any detention area and open space areas conveyed to the VILLAGE, the
5 OWNER or DEVELOPER shall maintain general liability insurance covering the detention area
6 and open space areas and shall name the VILLAGE as an additional name insured as to such
7 insurance policy(ies)providing such coverage which shall remain in full force and effect until
8 the maintenance period requiring the OWNER or DEVELOPER to maintain said areas has
9 lapsed.
10
11
12 XIII
13
14 EASEMENTS AND UTILITIES
15
16 The OWNER and DEVELOPER agree to grant to the VILLAGE, and/or obtain grants to
17 the VILLAGE of, all necessary easements for the extension of sewer,water, street, or other
18 utilities, including cable television, or for other improvements, subject to the provisions of the
19 UDO which may serve not only the TERRITORY,but other real estate in the general area, if
20 requested by the VILLAGE in the future, in accordance with the Preliminary PUD Plans/Plat and
21 Preliminary Engineering Plans.
22
23 All such easements to be granted shall name the VILLAGE and/or other appropriate
24 entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the
25 OWNER or DEVELOPER to obtain all easements,both on site and off site,necessary to serve
26 the TERRITORY, in accordance with the Preliminary PUD Plan/Plat. The VILLAGE agrees to
27 cooperate and provide reasonable assistance to the OWNER or DEVELOPER in the OWNER's
28 or DEVELOPER's attempt to obtain all easements necessary to serve the TERRITORY, in
29 accordance with the Preliminary PUD Plan/Plat, except that such reasonable assistance shall not
30 include any financial assistance or require the VILLAGE to expend any funds.
31
32 The OWNER or DEVELOPER shall provide evidence of easement or right of way
33 necessary for the utility extension to the TERRITORY prior to PUD final plan/plat approval.
34 The OWNER or DEVELOPER shall submit a title commitment from Chicago Title Insurance
35 Company, or any other licensed title company,naming the VILLAGE as an additional insured to
36 guarantee an easement for public utilities from the existing point of connection to the
37 TERRITORY.
38
39 All electricity,telephone, cable television and gas lines shall be installed underground,
40 the location of which underground utilities shall be at the OWNER's and DEVELOPER's
41 option,upon approval of the VILLAGE and the respective utility company.
42
43
12
1 XIV
2
3 GOVERNMENT INTERESTS SERVED
4
5 The OWNER and DEVELOPER agree that any and all contributions, dedications,
6 donations, open space and easements provided for in this AGREEMENT substantially advance
7 legitimate governmental interests of the VILLAGE and other local taxing bodies,including but
8 not limited to,providing its residents, and in particular the future residents of the TERRITORY,
9 with access to and use of public facilities, libraries, schools,parks and recreational facilities,
10 police protection, and emergency services. The OWNER and DEVELOPER further agree that
11 the contributions,dedications, donations and easements required by this AGREEMENT are
12 uniquely attributable to,reasonably related to, and made necessary by the development of the
13 TERRITORY.
14
15
16 XV
17
18 DORMANT SPECIAL SERVICE AREA
19
20 A dormant special service area will be established over the TERRITORY, with the cooperation
21 and participation of the OWNER and DEVELOPER,to provide for the on-site public
22 improvements for the TERRITORY, as well as to pay for the costs and expenses directly or
23 related in any way to the on-site public improvements, including, without limitation:
24
25 A. construction, installation,repair, or maintenance of the on-site public improvements
26 in the event that the OWNER and DEVELOPER is for any reason unable to do so
27 and there is inadequate or unavailable security to construct and install the on-site
28 public improvements;
29
30 B. legal, engineering, and construction management expenses related to the construction,
31 installation,repair,or maintenance of the on-site public improvements;
32
33 C. direct administrative expenses;
34
35 D. payment of public liability insurance premiums; or
36
37 E. reimbursement to the VILLAGE for funds it expended or incurred to construct,
38 install,repair,or maintain the on-site public improvements.
39
40 The OWNER or DEVELOPER will pay for all costs incurred by the VILLAGE in establishing
41 the dormant special service area including, without limitation,the payment of all attorneys' fees
42 incurred by the VILLAGE in establishing the special service area as well as reimbursement to
43 the VILLAGE for any and all costs and expenses incurred by the VILLAGE.
44
45 The VILLAGE will have the automatic right to activate the dormant special service area and
46 extend the taxes in association with the special service area upon the occurrence of any of the
47 following events:
48
49 A. failure of the OWNER or DEVELOPER for any reason to complete such public
50 improvements;
13
1
2 B. inadequacy of the performance security established by the OWNER or DEVELOPER
3 as required by this AGREEMENT; or
4
5 C. failure or refusal by the bank to fulfill or otherwise honor the performance security
6 established by the OWNER or DEVELOPER as required by this AGREEMENT.
7
8 By purchasing a lot in the TERRITORY,each purchaser of a lot, for himself or herself and his or
9 her respective successors in title, forever waives any right to challenge the assessment or
10 collection of a tax or assessment imposed by the VILLAGE against the lot pursuant to a special
11 service area established in accordance with this section,provided such special service area is not
12 amended in any way that requires a new public hearing.
13
14 The DECLARATION for all lots in the TERRITORY will include similar language regarding
15 the establishment of the special service areas.
16
17 Nothing in this section will prevent the OWNER and DEVELOPER or any individual lot owner
18 from exercising his or her statutory right to object to the establishment or amendment of the
19 Dormant Special Service Area.
20
21 Upon the VILLAGE's formal acceptance of the on-site public improvements for the
22 TERRITORY and the expiration of any maintenance guarantee period,as provided in this
23 AGREEMENT,the VILLAGE will take all reasonable actions to have the Dormant Special
24 Service Area dissolved. In no event will the VILLAGE seek the extension of the special service
25 area tax after it has formally accepted the on-site public improvements for the TERRITORY and
26 the expiration of any maintenance guarantee period.
27
28
29 XVI
30
31 APPROVAL OF PLANS
32
33 The VILLAGE agrees to expeditiously take action to approve or disapprove all plats,
34 plans, and engineering submitted to VILLAGE by the OWNER or DEVELOPER. If the
35 VILLAGE shall determine that any such submission is not in substantial accordance with this
36 AGREEMENT and applicable ordinances,the VILLAGE shall promptly notify the OWNER or
37 DEVELOPER in writing of the specific objection to any such submission so that the OWNER or
38 DEVELOPER can make any required corrections or revisions.
39
40
41 XVII
42
43 BINDING EFFECT AND TERM OF COVENANTS RUNNING WITH THE LAND
44
45 This AGREEMENT shall be binding upon and insure to the benefit of the PARTIES
46 hereto, successor owners of record of the TERRITORY, assignees, lessees, and upon any
47 successor municipal authorities of said VILLAGE and successor municipalities, for a period of
48 twenty(20)years from the date of the execution of this AGREEMENT.
49
14
1 The terms and conditions of this AGREEMENT relative to the payment of monies to the
2 various VILLAGE recapture funds,contributions to the VILLAGE construction and/or
3 dedication of public improvements, granting of easements to the VILLAGE, dedication of rights-
4 of-way to the VILLAGE and the development standards established herein shall constitute
5 covenants which shall run with the land.
6
7 It is further agreed that any party to this AGREEMENT, either in law or in equity, by
8 suit, action,mandamus, or other proceeding may enforce or compel the performance of this
9 AGREEMENT, or have other such relief for the breach thereof as may be authorized by law or
10 that by law or in equity is available to them.
11
12
13 XVIII
14
15 NOTICES
16
17 Unless otherwise notified in writing, all notices, requests and demands shall be in writing
18 and shall be personally delivered to or mailed by United States Postal Service certified mail,
19 postage prepaid and return receipt requested, as follows:
20
21 For the VILLAGE:
22
23 Village President
24 418 Main Street
25 Lemont, IL 60439
26
27 and
28
29 Village Clerk
30 418 Main Street
31 Lemont, IL 60439
32
33 and
34
35 Village Administrator
36 418 Main Street
37 Lemont, IL 60439
38
39
40 For OWNER/DEVELOPER:
41
42 Lemont 19,LLC
43 11921 S. Hobart St.
44 Palos Park, IL 60464
45
46 Tempo Development, Inc
47 11921 S. Hobart St.
48 Palos Park,IL 60464
15
1
2 Or such other addresses that any party hereto may designate in writing to the other PARTIES
3 pursuant to the provisions of this Section.
4
5
6 XIX
7
8 SECURTY INTERESTS
9
10 The OWNER and DEVELOPER shall provide the VILLAGE with written approval(s)
11 satisfactory to the VILLAGE of any mortgage, lien holder or holder of any security interest,
12 affecting title to the TERRITORY or any part thereof so that this AGREEMENT shall be
13 superior to any such mortgage, lien, or other security interest and the OWNER and
14 DEVELOPER shall provide same to the VILLAGE prior to execution and recording of this
15 AGREEMENT; and
16
17 If there are no mortgages, liens, or other security interests affecting title to the
18 TERRITORY or any part thereof,then the OWNER and DEVELOPER shall affirmatively state
19 so in said Petition(s) for Annexation, or by Affidavit.
20
21
22 XX
23
24 WARRANTIES AND REPRESENTATION
25
26 The OWNER and DEVELOPER represent and warrant to the VILLAGE as follows:
27
28 That OWNER is the owner of the TERRITORY; and
29
30 That Lemont 19,LLC is the owner as legal title holder; and
31
32 That the OWNER to the extent that such OWNER becomes a Developer and
33 DEVELOPER propose to develop the TERRITORY in the manner contemplated under this
34 AGREEMENT; and
35
36 That other than the OWNER and DEVELOPER,no other entity or person has any
37 interest in the TERRITORY or it development as herein proposed; and
38
39 That the OWNER and DEVELOPER have provided the legal description of the
40 TERRITORY set forth in this AGREEMENT and the attached exhibits and that said legal
41 description and exhibits are accurate and correct,to the best of the OWNER's and
42 DEVELOPER's knowledge.
43
44
16
•
1 XXI
2
3 CONTINUITY OF OBLIGATIONS
4
5 Notwithstanding any provisions of this AGREEMENT to the contrary including but not
6 limited to the sale and/or conveyance of all or any part of the TERRITORY by the OWNER or
7 DEVELOPER,the OWNER to the extent that such OWNER becomes a Developer or
8 DEVELOPER shall at all times during the term of this AGREEMENT remain liable to the
9 VILLAGE for the faithful performance of all obligations imposed upon them by this
10 AGREEMENT until such obligations have been fully performed or until the VILLAGE has
11 otherwise released the OWNER to the extent that such OWNER becomes a Developer or
12 DEVELOPER,from any or all of such obligations.
13
14
15 XXII
16
17 NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT
18
19 Failure of any party to this AGREEMENT to insist upon the strict and prompt
20 performance of the terms covenants, agreements, and conditions herein contained, or any of
21 them,upon any other party imposed, shall not constitute or be construed as a waiver or
22 relinquishment of any party's right thereafter to enforce any such term, covenant,agreement or
23 condition,but the same shall continue in full force and effect.
24
25
26 XXIII
27
28 VILLAGE APPROVAL OR DIRECTION
29
30 Where VILLAGE approval or direction is required by this AGREEMENT, such approval
31 or direction means the approval or direction of the Corporate Authorities of the VILLAGE unless
32 otherwise expressly provided or required by law, and any such approval may be required to be
33 given only after and if all requirements for granting such approval have been met,unless such
34 requirements are inconsistent with this AGREEMENT.
35
36
37 XXIV
38
39 SINGULAR AND PLURAL
40
41 Wherever appropriate in this AGREEMENT,the singular shall include the plural, and
42 the plural shall include the singular.
43
44
17
1 XXV
2
3 SECTION HEADINGS AND SUB-HEADINGS
4
5 All section headings or other headings in this AGREEMENT are for general aid of the
6 reader and shall not limit the plain meaning or application of any of the provisions thereunder
7 whether covered or relevant to such heading or not.
8
9
10 XXVI
11
12 RECORDING
13
14 A copy of this AGREEMENT and any amendments thereto shall be recorded by the
15 VILLAGE at the expense of the OWNER/DEVELOPER within thirty days after the execution
16 hereof.
17
18
19 XXVII
20
21 AUTHORIZATION TO EXECUTE
22
23 The President and Clerk of the VILLAGE hereby warrant that they have been lawfully
24 authorized by the Corporate Authorities of VILLAGE to execute this AGREEMENT. The
25 OWNER and DEVELOPER and VILLAGE shall,upon request, deliver to each other at the
26 respective time such entities cause their authorized agents to affix their signatures hereto copies
27 of all bylaws,resolutions,ordinances,partnership agreements, letters of direction or other
28 documents required to legally evidence the authority to so execute this AGREEMENT on behalf
29 of the respective PARTIES.
30
31
32 XXVIII
33
34 AMENDMENTS
35
36 This AGREEMENT sets forth all the promises, inducements, agreements, conditions and
37 understandings between the PARTIES hereto relative to the subject matter thereof, and there are
38 no promises, agreements,conditions or understandings,either oral or written, express or implied,
39 between them, other than are herein set forth.No subsequent alteration, amendment, change or
40 addition to this AGREEMENT shall be binding upon the PARTIES hereto unless authorized in
41 accordance with law and reduced in writing and signed by them. This AGREEMENT may also
42 be amended, in accord with the provisions of this Section,by the VILLAGE and the owner of
43 record of a portion of the TERRITORY as to the provisions applying thereto,without the consent
44 of the owners of other portions of the TERRITORY.
45
46
18
1 XXIX
2
3 COUNTERPARTS
4
5 This AGREEMENT may be executed in two or more counterparts, each of which taken
6 together, shall constitute one and the same instrument.
7
8
9 XXX
10
11 CURING DEFAULT
12
13 It is understood by the PARTIES hereto that time is of the essence of this AGREEMENT.
14 The PARTIES reserve a right to cure any default hereunder within fifteen(15) business days
15 from written notice of such default.
16
17
18 XXXI
19
20 CONFLICT BETWEEN THE TEXT AND EXHIBITS
21
22 In the event of a conflict in the provisions of the text of this AGREEMENT and the
23 Exhibits attached hereto,the text of the AGREEMENT shall control and govern.
24
25
26 XXXII
27
28 SEVERABILITY
29
30 If any provision of this AGREEMENT is held invalid by a court of competent
31 jurisdiction or in the event such court shall determine that the VILLAGE does not have the
32 power to perform any such provisions, such provision shall be deemed to be excised here from
33 and the invalidity thereof shall not affect any of the other provisions contained herein, and such
34 judgment or decree shall relieve the VILLAGE from performance under such invalidity thereof
35 shall not affect any of the other provisions contained herein, and such judgment or decree shall
36 relieve the VILLAGE from performance under such invalid provision of this AGREEMENT.
37
38
39 XXXIII
40
41 REIMBURSEMENT TO VILLAGE FOR LEGAL AND OTHER FEES/EXPENSES
42
43 To Effective Date of Agreement. The OWNER or DEVELOPER shall reimburse the
44 VILLAGE for the following expenses incurred in the preparation and review of this
45 AGREEMENT,and any ordinances, letters of credits,plats, easements or other documents
46 relating to the TERRITORY:
47
19
1 Miscellaneous VILLAGE expenses, such as legal publication costs,recording fees and
2 copying expenses.
3
4 From and After Effective Date of Agreement. Except as provided in the paragraph
5 immediately following this paragraph,upon demand by VILLAGE made by and through its
6 President,the OWNER or DEVELOPER from time to time shall promptly reimburse VILLAGE,
7 for all reasonable attorney's fees and costs incurred by VILLAGE in the administration of the
8 AGREEMENT and out of pocket expenses involving various and sundry matters such as, but not
9 limited to,preparation and publication, if any, of all notices,resolutions,ordinances, and other
10 documents required hereunder.
11
12 Such costs and expenses incurred by the VILLAGE in the administration of the
13 AGREEMENT shall be evidence to the OWNER and DEVELOPER upon its request,by a sworn
14 statement of the VILLAGE; and such costs and expenses may be further confirmed by the
15 OWNER and DEVELOPER at their option from additional documents relevant to determining
16 such costs and expenses as designated from time to time by the OWNER and DEVELOPER.
17
18 OWNER and DEVELOPER shall in no event be required to reimburse VILLAGE or pay
19 for any expenses or costs of VILLAGE as aforesaid more than once, whether such are
20 reimbursed or paid through special assessment proceedings,through fees established by
21 VILLAGE ordinances or otherwise.
22
23 In the event that any third party or parties institute any legal proceedings against the
24 OWNER and DEVELOPER and/or the VILLAGE,which relate to the validity or any terms of
25 this AGREEMENT,then, in that event,the OWNER or DEVELOPER,upon written notice from
26 VILLAGE, shall assume, fully and vigorously,the entire defense of such lawsuit and the
27 expenses of whatever nature relating thereto,provided,however:
28
29 The OWNER and DEVELOPER shall not make any settlement or compromise of the
30 lawsuit, or fail to pursue any available avenue of appeal of any adverse judgment,without the
31 approval of the VILLAGE, which approval shall not be unreasonably withheld; and
32
33 If the VILLAGE, in its sole discretion, determines there is or may probably be, a conflict
34 of interest between the VILLAGE and the OWNER or DEVELOPER, on an issue of importance
35 to the VILLAGE having a potentially substantial adverse affect on the VILLAGE,then the
36 VILLAGE shall have the option of being represented by its own legal counsel. In the event the
37 VILLAGE exercises such option,then the OWNER or DEVELOPER shall reimburse the
38 VILLAGE from time to time on written demand from the President of the VILLAGE and notice
39 of the amount due for any expenses, including but not limited to court costs,reasonable
40 attorney's fees and witnesses' fees and other expenses of litigation, incurred by the VILLAGE in
41 connection therewith. The obligation of the OWNER or DEVELOPER to reimburse the
42 VILLAGE under the terms of this AGREEMENT shall terminate if no such legal proceedings
43 are brought within one year from the date of the annexation of the TERRITORY and, further,
44 such obligation of reimbursement shall not apply if such legal proceedings are based upon
45 alleged errors, omissions or unlawful conduct of the VILLAGE and not the OWNER or
46 DEVELOPER.
47
20
1 In the event the VILLAGE institutes legal proceedings against the OWNER or
2 DEVELOPER for violation of this AGREEMENT, and secured a judgment in its favor the
3 OWNER or DEVELOPER shall pay all expenses of such legal proceedings incurred by the
4 VILLAGE including but not limited to,the court costs and reasonable attorney's fees, etc.,
5 incurred by the VILLAGE in connection therewith.
6
7
8 XXXIV
9
10 EXECUTION OF AGREEMENT
11
12 This AGREEMENT shall be signed last by the VILLAGE and the President of the
13 VILLAGE shall affix the date on which he signs this AGREEMENT on page 1 hereof which
14 date shall be the effective date of this AGREEMENT.
15
16 IN WITNESS WHEREOF,the PARTIES have caused this AGREEMENT to be executed
17 on the day and year first above written.
18
19 VILLAGE OF LEMONT
20 an Illinois 'cipal :: - ion
21
22
23 y:
24 WI ..e President
25 ATTEST:
26
27
28 By' AW
29 Village Clerk
30
31 OWNER:
32 Lemont 19, LLC
34 By: /"
35 Its: M r
36
37
38 DEVELOPER:
39 Tempo Development, Inc.,an Illinois corporation
40
42 By 09'll. 4 "4't
43 Title:
44
45
46
21
1 VON
2
3 NOTARY CERTIFICATES
4
5 STATE OF ILLINOIS)
6 ) SS
7 COUNTY OF COOK)
8
9 I,the undersigned, a Notary Public, in and for the County and Sate aforesaid,DO HEREBY
10 CERTIFY that BRIAN K. REAVES,personally known to me to be the President of the Village
11 of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village Clerk of
12 said municipal corporation,and personally known to me to be the same persons whose names are
13 subscribed to the foregoing instrument,appeared before me this day in person and severally
14 acknowledged that as such President and Village Clerk,they signed and delivered the said
15 instrument and caused the corporate seal of said municipal corporation to be affixed thereto,
16 pursuant to authority given by the Board of Trustees of said municipal corporation,as their free
17 and voluntary act, and as the free and voluntary act and deed of said municipal corporation,for
18 the uses and purposes therein set forth.
19
20 GIVEN under my hand and official seal,this zgYi__day of et/WA 52/9 20 IV'
21
22
23 ,I�. ., -� ,�/ _ OFFICIAL SEAL
24 No . Pub S LINDA K.MOLITOR
25 NOTARY PUBLIC,STATE OF riUNOIS
26 My commission expires on ,20/W MY COMMISSION EXPIRES 1-3-2016
27 1�
28
29
30
31 STATE OF Till'?OP)
32 ) SS
33 COUNTY OF (@,�i- )
34
35 I,the undersigned, a Notary Public ip and for the County and State aforesaid, DO HEREBY
36 CERTIFY that the above-named itei r ,personally known to me
37 to be manager of Lemont 19, LLC, OWNEk of the TERRITORY and the same persons whose
38 names are subscribed to the foregoing instrument appeared before me this day in person and
39 acknowledged that they signed and delivered the said instrument as their own free and voluntary
40 act for the uses and purposes therein set forth.
41
42 GIVEN under my hand and official seal,this&iL day o ,! 20 /
43
44 My commission expires on
45 Gaya R.Miller
Notary Public,State of Itlinois
46 My Commission Expires Dec.15,2015
48 tary Public
22
1
2 STATE OF -11/(,'10 C
3 ) SS
4 COUNTY OF ea:04-1
5
6
7 I,the undersigned, a Notary Public iniand for ttie County and State aforesaid, DO HEREBY
8 CERTIFY that the above-named Fre&cat ,personally known to me
9 to be president of Tempo Development Inc., DEVELOPER of the TERRITORY and the same
10 persons whose names are subscribed to the foregoing instrument appeared before me this day in
11 person and acknowledged that they signed and delivered the said instrument as their own free
12 and voluntary act for the uses and purposes therein set forth.
13
14 GIVEN under my hand and official seal,this GL day of 11(2-W'z&L 20 14
15
16 My commission expires on ' i -
17 vFFiCIAI S€11t
Ge'yn R.Miller
18 ' " "/ My Comrt�assroniExprc�eseDeC Illinois 15,2015
19 `' � '�� (� ,1 ;L
20 :1 tart'Pub is
21
22
23
23