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O-18-15 Authorizing the Execution of an Annex Agreement for 5.49 Acres Located at 14280 McCarthy THIS DOCUMENT PREPARED BY AND AFTER RECORDING RETURN TO: UNSON Y Doc#: 1521519113 Fee: $15800 Jeffre M. Stein Tressler LLP Karen A.Yarbrough 233 South Wacker Drive Cook County Recorder of Deeds 1 of 61 22nd South Date:08/0312015 12:09 PM P9. Chicago, IL 60606 This space Reserved for Recorder's use only. VILLAGE OF LEMONT Ordinance No. 0-18-15 An Ordinance Authorizing the Execution of an Annexation Agreement for 5.9 Acres Located at 14280 McCarthy Road, in Lemont, Illinois (Seven Oaks Townhomes) RECORDING FEE / �;5" DATE 3 ' c COPIES ' j OK BY • VILLAGE OF LEMONT ORDINANCE NOQ AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR 5.49 ACRES LOCATED AT 14280 MCCARTHY ROAD, IN LEMONT,ILLINOIS. (Seven Oaks Townhomes) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 22"d DAY OF JUNE,2015 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties,Illinois,this 22"d day of June,2015. ORDINANCE NO. 0-1 g/S AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR 5.49 ACRES LOCATED AT 14280 MCCARTHY ROAD, IN LEMONT, ILLINOIS. (Seven Oaks Townhomes) WHEREAS, the Village of Lemont desires to enter into an Annexation Agreement with Seven Oaks Developers, LLC for the subject property described in Exhibit A attached hereto. WHEREAS, Seven Oaks Developers, LLC is the legal owner of record of the territory which is the subject of said Annexation Agreement, is ready, willing and able to enter into said Annexation Agreement and to perform the obligations as required hereunder; and WHEREAS,the statutory procedures provided for in the Illinois Municipal Code for the execution of said Annexation Agreement have been fully complied with; NOW, THEREFORE,BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, DuPage, and Will, State of Illinois, as follows: Section 1. That the President be and is hereby authorized and directed, and the Village Clerk is directed to attest to a document known as Annexation Agreement, a copy of which is attached hereto as Exhibit B and made a part hereof. 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. 1 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT,COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS 22ND DAY OF JUNE,2015. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Debby Blatzer ;, Paul Chialdikas Clifford Miklos V Ron Stapleton �f Rick Sniegowski Jeanette Virgilio BRIAN , r� Pres' t AT ST: �_, : // :•its _ CHARLENE M. SMOLLEN Village Clerk 2 THE TOWNHOMES AT SEVEN OAKS EXHIBIT A—LEGAL DESCRIPTIONS COMMENCING AT THE NORTHWEST CORNER OF LOT 21; THENCE NORTH 88 DEGREES 2 MINUTES 22 SECONDS EAST 471.27 FEET ; THENCE SOUTH 31 DEGREES 57 MINUTES 38 SECONDS EAST 53.12 FEET TO THE SOUTHERLY RIGHT- OF- WAY LINE OF McCARTHY ROAD FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES 2 MINUTES 22 SECONDS EAST 345.95 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE SOUTH 25 DEGREES 1 MINUTE 45 SECONDS EAST 415.24 FEET; THENCE NORTH 58 DEGREES 2 MINUTES 22 SECONDS EAST 249.49 FEET; THENCE SOUTH 31 DEGREES 57 MINUTES 38 SECONDS EAST 53.15 FEET;THENCE NORTH 58 DEGREES 2 MINUTES 22 SECONDS EAST 210.67 FEET; THENCE SOUTH 31 DEGREES 57 MINUTES 38 SECONDS EAST 759.97 FEET TO THE SOUTHERLY RIGHT- OF-WAY LINE OF McCARTHY ROAD; THENCE NORTH 88 DEGREES 2 MINUTES 22 SECONDS EAST 38.11 FEET ALONG SAID SOUTHERLY RIGHT-OF WAY LINE ; THENCE SOUTH 31 DEGREES 57 MINUTES 38 SECONDS EAST 523.3o FEET; THENCE NORTH 58 DEGREES 2 MINUTES 22 SECONDS EAST 177.67 FEET; THENCE SOUTH 31 DEGREES 57 MINUTES 38 SECONDS EAST 420.72 FEET TO THE POINT OF BEGINNING, CONTAINING 202,511 S.F (4.65 ACRES) IN COOK COUNTY,ILLINOIS. ALSO DESCRIBED AS: PARCEL 1: THAT PART OF LOT 21 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:COMMENCING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 27, WHICH IS 471.27 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE SOUTH 30 DEGREES EAST, PARALLEL WITH THE WESTERLY LINE OF SAID LOT 21, A DISTANCE OF 371.33 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 30 DEGREES EAST, 113.01 FEET; THENCE NORTH 60 DEGREES EAST, 269.05 FEET TO A POINT ON A LINE (SAID LINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27, WHICH IS 471.27 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE SOUTH 30 DEGREES EAST, 1,294.75 FEET TO THE CENTER LINE OF ARCHER AVENUE, AS PAVED; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF ARCHER AVENUE, AS PAVED, 178.32 FEET TO THE POINT OF BEGINNING OF AFORESAID LINE; THENCE NORTHWESTERLY 1,087.30 FEET TO A POINT IN THE NORTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 27, SAID POINT BEING 825.92 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE NORTHEASTERLY ON THE AFORESAID LINE, A DISTANCE OF 311.18 FEET TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27, SAID POINT BEING 825.92 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE WEST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27 204.65 FEET; THENCE SOUTH 30 DEGREES EAST ALONG A LINE PARALLEL WITH THE WESTERLY LINE OF SAID LOT 21, A DISTANCE OF 297.08 FEET; THENCE SOUTHWESTERLY ALONG A LINE PERPENDICULAR TO THE WESTERLY LINE OF SAID LOT 21, 130.34 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART CONVEYED TO THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES BY WARRANTY DEED DATED MARCH 7, 2011 AND RECORDED MAY 13, 2011 AS DOCUMENT NUMBER 1113346005. PERMANENT INDEX NUMBER: 22-27-300-039-0000 COMMONLY KNOWN AS: 14280 MCCARTHY ROAD, LEMONT, IL 60439 PARCEL 2: THAT PART OF LOT 21 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27, WHICH IS 471.27 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE SOUTH 30 DEGREES, EAST PARALLEL TO THE WESTERLY LINE OF SAID LOT 21, 371.33 FEET; THENCE NORTHEASTERLY ON A LINE PERPENDICULAR TO THE LAST DESCRIBED LINE A DISTANCE OF 130.34 FEET; THENCE NORTHWESTERLY ON A LINE PARALLEL TO THE WESTERLY LINE OF SAID LOT 21 TO A POINT ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27, WHICH POINT IS 150 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 27, 150 FEET TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 21; THENCE NORTH 87 DEGREES 51 MINUTES 28 SECONDS EAST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27 A DISTANCE OF 471.27 FEET; THENCE SOUTH 31 DEGREES 32 MINUTES 25 SECONDS EAST 37.84 FEET TO THE SOUTH APPARENT RIGHT OF WAY LINE OF MCCARTHY ROAD AND THE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 87 DEGREES 51 MINUTES 28 SECONDS EAST 349.87 FEET; THENCE SOUTH 24, DEGREES 50 MINUTES 33 SECONDS EAST 14.23 FEET; THENCE SOUTH 87 DEGREES 51 MINUTES 28 SECONDS WEST 347.73 FEET; THENCE NORTH 31 DEGREES 32 MINUTES 25 SECONDS WEST 14.96 FEET TO THE POINT OF BEGINNING), IN COOK COUNTY, ILLINOIS. PERMANENT INDEX NUMBER: 22-27-300-020-0000 COMMONLY KNOWN AS: 14280 MCCARTHY ROAD, LEMONT, IL 60439 PARCEL 3: THAT PART OF LOT 21 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27, WHICH IS 471.27 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE SOUTH 30 DEGREES EAST, PARALLEL WITH THE WESTERLY LINE OF SAID LOT 21, A DISTANCE OF 484.34 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 30 DEGREES EAST 351.61 FEET; THENCE NORTH 60 DEGREES EAST 225.87 FEET TO A POINT ON A LINE (SAID LINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27, WHICH IS 471.27 FEET EAST OF THE NORTH WEST CORTNER OF SAID LOT 21; THENCE SOUTH 30 DEGREES EAST, 1294.75 FEET TO THE CENTER LINE OF ARCHER AVENUE, AS PAVED; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF ARCHER AVENUE, AS PAVED 178.32 FEET TO THE PLACE OF BEGINNING OF AFORESAID LINE; THENCE NORTHWESTERLY 1087.30 FEET TO A POINT IN THE NORTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 27, SAID POINT BEING 825.92 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE NORTHWESTERLY ON THE AFORESAID LINE, A DISTANCE OF 354.33 FEET TO A POINT; THENCE SOUTHWESTERLY 269.05 FEET TO THE PLACE OF BEGINNING,IN COOK COUNTY, ILLINOIS. EXCEPTING AS FOLLOWS: THAT PART TAKEN FOR ATLANTIS SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 23, 2010 AS DOCUMENT NO. 1008218045. PERMANENT INDEX NUMBER: 22-27-300-040-0000 COMMONLY KNOWN AS: 12430 ARCHER AVENUE, LEMONT, IL 60439 PARCEL 4: THAT PART OF LOT 21 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH IS 228.54 FEET EAST OF THE NORTHWEST CORNER OF LOT 21; THENCE SOUTH 30 DEGREES EAST PARALLEL TO THE WESTERLY LINE OF SAID LOT 21, 817.59 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO LAST DESCRIBED LINE 210.58 FEET; THENCE NORTHWESTERLY ALONG A LINE PARALLEL WITH THE WESTERLY LINE OF LOT 21, 217.78 FEET; THENCE WEST ALONG A LINE THAT IS PERPENDICULAR TO THE LAST DESCRIBED COURSE, A DISTANCE OF 177.58 FEET; THENCE NORTHWESTERLY ALONG A LINE PARALLEL TO THE WESTERLY LINE OF SAID LOT 21 TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27; THENCE WEST ON SAID NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27, 38.00 FEET T.0 THE POINT OF BEGINNING, (EXCEPT THEREFROM THAT PART TAKEN BY CONDEMNATION CASE 12L050680 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 21 IN COUNTY CLERK'S DIVISION; THENCE NORTH 87 DEGREES 50 MINUTES 07 SECONDS EAST, A DISTANCE OF 228.45 FEET (228.54 FEET RECORD) ALONG THE NORTH LINE OF SAID LOT 21 AND ALSO BEING THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 27 TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 50 MINUTES 07 SECONDS EAST, A DISTANCE OF 38.02 FEET (38.00 FEET RECORD) CONTINUING ALONG THE LAST DESCRIBED COURSE; THENCE SOUTH 31 DEGREES 56 MINUTES 56 SECONDS EAST, A DISTANCE OF 59.10 FEET ALONG A LINE THAT IS PARALLEL WITH THE WESTERLY LINE OF SAID LOT 21; THENCE WESTERLY ALONG A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1174.02 FEET, AN ARC DISTANCE OF 38.60 FEET AND CHORD BEARING SOUTH 89 DEGREES 18 MINUTES 15 SECONDS WEST, A CHORD DISTANCE OF 38.60 FEET; THENCE NORTH 31 DEGREES 56 MINUTES 56 SECONDS WEST, A DISTANCE OF 57.96 FEET ALONG A LINE THAT IS PARALLEL WITH SAID WESTERLY LINE OF LOT 21 TO THE POINT OF BEGINNING), ALL IN COOK COUNTY, ILLINOIS. PERMANENT INDEX NUMBER: 22-27-300-030-0000 COMMONLY KNOWN AS: 12514 ARCHER AVENUE, LEMONT, IL 60439 Exhibit B Annexation Agreement 3 ANNEXATION AGREEMENT SEVEN OAKS TOWNHOMES 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 Model Homes XIV Easements and Utilities XV Government Interests Served XVI Special Service Area XVII Approval of Plans XVIII Binding Effect and Term of Covenants Running with the Land XIX Notices XX Security Interests XXI Warranties and Representation i XXII Continuity of Obligations XXIII No Waiver or Relinquishment of Right to Enforce Agreement XXIV Village Approval or Direction XXV Singular and Plural XXVI Section Headings and Sub-Headings XXVII Recording XXVIII Authorization to Execute XXIX Amendments XXX Counterparts XXXI Curing Default XXXII Conflict Between Text and Exhibits XXXIII Severability XXXIV Reimbursement to Village for Legal and Other Fees/Expenses XXXV Execution of Agreement XXXVI Notary Certificates ii EXHIBIT TITLE A Legal Description B Plat of Annexation, prepared by DJA Civil Engineers & Surveyors, dated 3/24/15. C The Townhomes at Seven Oaks Plat of Subdivision, prepared by DJA Civil Engineers & Surveyors, dated 03/24/15. D The Townhomes at Seven Oaks Geometric Plan, prepared by DJA Civil Engineers & Surveyors, dated 3/24/15, with a revision date of 4/27/15. E The Townhomes at Seven Oaks Utility Plan, prepared by DJA Civil Engineers & Surveyors, dated 3/24/15,with a revision date of 4/27/15. F The Townhomes at Seven Oaks Grading Plan, prepared by DJA Civil Engineers & Surveyor's, dated 3/24/15,with a revision date of 4/27/15. G The Townhomes at Seven Oaks Final Landscape &Tree Preservation Plan, prepared by Beary Landscaping, dated 3/23/15, with a revision date of 6/18/15. H The Townhomes at Seven Oaks Wetland Impact&Native Landscape Plan, prepared by Gary R. Weber, dated 2/11/15. I The Townhomes at Seven Oaks Building Elevations, prepared by Kirk Design Inc., dated 3/23/15. J The Townhomes at Seven Oaks Sign Plan, prepared by Kirk Design Inc., dated 05/13/15. K Cash Contribution Schedule iii ANNEXATION AGREEMENT—SEVEN OAKS TOWNHOMES THIS ANNEXATION AGREEMENT (hereinafter referred to as "AGREEMENT"), is made and entered into thisiay of11 � , 2015, between the Village of Lemont, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE"), Seven Oaks Developers, LLC (hereinafter referred to as "OWNER").The VILLAGE and OWNER are hereinafter sometimes referred to individually as a "PARTY" and collectively as the"PARTIES"; and, WHEREAS,the OWNER is the owner of record of the real estate (hereinafter referred to as the "TERRITORY"), comprising approximately 5.49 acres,the legal description of which is in Exhibit A; and WHEREAS, the OWNER filed a Petition for Annexation of the TERRITORY to the VILLAGE (hereinafter, the"Petition")that requested annexation of the TERRITORY subject to execution of an annexation agreement acceptable to the OWNER and the VILLAGE; and, WHEREAS,the TERRITORY has not been annexed to any municipality; and, WHEREAS, the TERRITORY constitutes an area that is contiguous to and may be annexed to the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7-1-1, et. seq.; and, WHEREAS,the OWNER and the VILLAGE agree that they will be bound by the terms of this AGREEMENT; and WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORY,thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, WHEREAS,the new boundaries of the VILLAGE, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway not already annexed; and, WHEREAS, pursuant to the provisions of the Illinois Municipal Code (65 ILCS 5/1 et. seq.),the Corporate Authorities of the VILLAGE has taken all steps legally required; and WHEREAS,the Corporate Authorities of the VILLAGE have considered the Annexation of the TERRITORY described in the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of this AGREEMENT. WHEREAS, the OWNER desires that the TERRITORY and development henceforth be known as"the Townhomes at Seven Oaks;" 1 NOW,THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained,the PARTIES agree as follows: I DEFINITIONS Except as modified herein, the Definitions set forth in this AGREEMENT shall apply. BUILDING CODE Title 15 of the Lemont, Illinois Municipal Code and any other applicable codes governing the erection and maintenance of buildings. COMMON AREA A parcel of land or an area of water, or combination thereof, and any improvements thereon, within a designated development tract(such as a subdivision)which is designed for common use or benefit and not reserved for the exclusive use or benefit of an individual tenant or owner. Examples of common areas include, but are not limited to: green open spaces, parking lots, and pedestrian walkways. FINAL ENGINEERING PLAN A plan, signed and sealed by a licensed professional engineer registered in the state of Illinois, that meets the requirements for a final engineering plan in the Unified Development Ordinance. A final engineering plan depicts all public and private support facilities including, but not limited to: roads, sidewalks, drainage ditches, culverts and water retention areas, sanitary sewers, storm sewers, water supply lines, and illumination. FINAL LANDSCAPING PLAN A plan, signed and sealed by a registered landscape architect that meets the requirements for a final landscape plan in the Unified Development Ordinance. FINAL PLAT A plat of all or a portion of a subdivision or site plan that is presented to the VILLAGE for final approval. PLAT A document, prepared by a registered surveyor or engineer that delineates a tract of land, showing the boundaries and locations of individual properties and streets. PROPERTY A lot, parcel, tract or plot of land together with the buildings and structures thereon. PUBLIC IMPROVEMENT Any improvement, facility, or service together with its associated site or right-of-way necessary to provide transportation, drainage, storm water management, public or private utilities, energy, other essential services, or landscaping as indicated on the plans attached to this AGREEMENT. UNIFIED DEVELOPMENT ORDINANCE ("UDO") Title 17 of the Lemont, Illinois Municipal Code. 2 II ANNEXATION AGREEMENT The provisions set forth in the preamble above are incorporated into and made a part of this AGREEMENT. No portion of the TERRITORY shall be disconnected from the VILLAGE without the prior written consent of its Corporate Authorities. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit B. Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already annexed and includes all of every highway within the TERRITORY so annexed. Upon adoption of an ordinance annexing the TERRITORY to the VILLAGE, the Village Clerk shall cause a copy of said ordinance and said Plat to be duly recorded with the Cook County Recorder, and duly filed with the Cook County Clerk. The Village Clerk shall also send notice of Annexation of the TERRITORY, by certified or registered mail to: A, the Cook County Elections Department; B. the U.S. Post Office branch serving the TERRITORY; III ZONING,LAND USE,AND DEVELOPMENT Zoning. The TERRITORY shall be zoned R-5 PUD and shall be developed exclusively for 26 single-family attached residences, as detailed in the attached exhibits. Development Plans. The TERRITORY shall be developed in substantial accordance with a PUD Final Plan/Plat that shall be submitted to and approved by the VILLAGE in accordance with the UDO. Said PUD shall also provide for development in substantial accordance with Exhibit C-J, which are incorporated into this Agreement by reference as if set forth verbatim herein. UDO Standards. With respect to the development of the TERRITORY, the PARTIES agree that in any case where the standards of the UDO now or hereafter conflict with the standards of this AGREEMENT, the standards of this AGREEMENT and the adopted PUD shall govern. The PARTIES agree that the standards of this AGREEMENT shall govern with respect to development of the TERRITORY in any case in which there are no applicable standards provided in the UDO. In any case in which the UDO contains applicable standards that do not conflict with the standards of this AGREEMENT, the standards of the UDO shall govern with respect to the development of the TERRITORY. UDO Exceptions. Chapter 17.08 (Planned Unit Developments) of the UDO makes provision for exceptions to the requirements of the UDO in order to promote and allow innovation and flexibility of design in keeping with the public interest and welfare. It is understood that the subdivision will provide diversity to the existing housing stock and the residential design of the homes is a feature that is of public interest and welfare. As provided for 3 in Chapter 17.08 (Planned Unit Developments)of UDO, the VILLAGE has deemed it appropriate to approve selected exceptions to minimum lot size, minimum setbacks, minimum lot area per unit, minimum PUD common open space, and minimum detention pond depth as part of the Townhomes at Seven Oaks PUD, as set forth in Exhibits C-J. Other Ordinances. Except as otherwise provided for in this AGREEMENT, the TERRITORY shall be developed pursuant to the terms and provisions of UDO, Building Code, and all applicable statutes, ordinances, rules, regulations and laws. The PARTIES understand and agree that the UDO, Building Code, and all applicable statutes, ordinances, rules, regulations and laws of the VILLAGE shall remain applicable and in full force and effect during the term of this AGREEMENT. Furthermore, the PARTIES understand and agree that said ordinances may from time to time be amended or new ordinances promulgated and that, except as otherwise provided for in this AGREEMENT, such new ordinances or ordinance amendments shall apply to the TERRITORY. Expiration of Terms. The conditions of this AGREEMENT relating to the development of the TERRITORY incorporated herein by reference and made a condition to the grant of this special use zoning for the planned unit development shall survive the expiration of this AGREEMENT and shall remain in effect unless or until the zoning of the property has been altered in accordance with law. IV FEES,PERMITS,AND OCCUPANCY Fees. No new fees other than those fees currently in existence and assessed by the VILLAGE, including but not limited to permit fees, plan review fees, inspection fees, utility fees, application fees,tap-on fees, and user fees, shall be imposed by the VILLAGE upon the OWNER or the TERRITORY until five (5) years after the date of this AGREEMENT. Thereafter, any such new fees of general applicability throughout the VILLAGE shall apply to the TERRITORY as well. The PARTIES acknowledge and agree that the fees contained in the Cash Contribution Schedule, attached hereto and incorporated herein as Exhibit K, shall not be changed. Building Permits. Within fifteen (15)business days after receipt of a complete application by OWNER for a building permit for construction of any buildings or other improvements on the TERRITORY, the VILLAGE shall either issue a permit authorizing such construction, issue a permit authorizing such construction subject to satisfaction of specified conditions consistent with the terms of this AGREEMENT, or issue a letter of denial of such permit specifying the basis of said denial by reference to the provisions of Building Code or any other applicable code, applied in accordance with this AGREEMENT,which the subject construction would allegedly violate. If the VILLAGE conditionally approves such a permit,the VILLAGE shall issue the permit unconditionally within five(5)business days after satisfaction by the OWNER of specified conditions. Temporary Certificates of Occupancy. Temporary Certificates of Occupancy shall only be issued by the VILLAGE between November 1st of any year and May 1st of any subsequent year when adverse weather conditions do not permit outside painting, landscaping, 4 driveway construction or final grading of individual homes, appurtenances or lots. Temporary certificates of occupancy may be issued by the VILLAGE, in its sole discretion, for any finished home or structure, which is not otherwise completely finished as heretofore provided, provided that: (i) said finished part or portion is designed for or capable of separate use or occupancy; and (ii) such part or portion is safe for the use and occupancy intended; and (iii) sewer, water, and streets are properly installed in and to the home or structure. V CONSTRUCTION OF PUBLIC IMPROVEMENTS Timing of Construction. After the execution of this AGREEMENT,the OWNER, at its option and sole risk, may commence extension of utilities and mass grading. Prior to any grading of the TERRITORY, the OWNER shall submit for VILLAGE approval, a mass grading plan and soil erosion and sediment control plan that adhere to the provisions of Article IV(Site Development)of the UDO. The OWNER waives any and all claims it may have to assert a "vested rights"claim or lawsuits against the VILLAGE as a result of expenditures made in the performance of grading or other improvements to the TERRITORY allowed hereunder prior to final engineering approval in the event final engineering requires revision to work already performed. Any such work and expenditures are done at the risk of the OWNER. The OWNER shall file with the VILLAGE a letter of credit, or other cash deposit, as set forth in Article VIII of this AGREEMENT to secure seeding and restoration of the site in accordance with the mass grading plan. "As Built" Plans. The OWNER, at the OWNER's own expense, agrees to provide the VILLAGE"as built"engineering plans and specifications upon substantial completion of the public improvements or at the request of the VILLAGE Engineer but in no event later than the time required by the UDO as amended. Said"As Built"plans shall be delivered to the VILLAGE in paper format as well as electronic format suitable to and approved by the VILLAGE. If there are any changes after substantial completion revised"as built"plans shall be provided to the VILLAGE. Debris. The OWNER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. VI REQUIRED IMPROVEMENTS Water Supply. The OWNER shall construct and install at OWNER'S expense all necessary water mains to service the TERRITORY. All water mains shall be constructed and installed in accordance with the UDO and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned water mains to the water facilities of the VILLAGE and to furnish water service on the same basis as said services are furnished to other parts of the VILLAGE. The VILLAGE represents and warrants that its potable water supply has sufficient capacity and availability and its distribution system, existing or to be 5 constructed, has or will have the capability to provide potable water service to the TERRITORY now and as fully developed for OWNER'S intended development. Completion of Water Supply Improvements. The OWNER shall have 3 years from the date of the TERRITORY's initial connection to the Village water system to complete all water supply improvements as identified on Exhibit E. Sanitary and Storm Sewers. The OWNER shall construct and install at OWNER's expense all necessary sanitary and storm sewers to service the TERRITORY in accordance with the UDO and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned sanitary sewers to the sanitary sewer facilities of the VILLAGE and to furnish sewer service on the same basis as said services are furnished to other parts of the VILLAGE. The OWNER agrees that no surface water is to be discharged into the sanitary sewerage collection system and will make adequate provisions that this will not occur. Tap-on fees required by the VILLAGE shall not be waived. All sanitary and storm sewers, except service connections, shall be owned and maintained by the VILLAGE, with right of access by the VILLAGE for emergency management purposes. The VILLAGE represents and warrants that it manages and operates a sanitary sewer system within the VILLAGE for sewage disposal and the VILLAGE's system presently has sufficient capacity to provide sanitary sewer service to the TERRITORY for OWNER's intended development. Detention Areas. The OWNER shall construct and install at OWNER's expense all detention areas, as identified on Exhibits F,G, and H, and appurtenant structures such as drains, inlets, and outlets. Sidewalks,Parkway Trees and Other Trees. The OWNER shall be required to construct sidewalks and install parkway trees and other trees in the common areas as depicted on Exhibits D& G. Sidewalks and trees immediately adjacent or connected to a lot that is being constructed must be installed prior to the issuance of a Certificate of Occupancy. Sidewalks, parkway trees and trees in the common and unimproved areas shall be installed by the OWNER no later than four(4)years after the recording of the applicable Final Plat. Sidewalks and parkway trees shall be installed during the course of construction. Other Improvements. The OWNER shall construct and install at OWNER's expense all other improvements in accordance with the requirements of the UDO of the VILLAGE and final engineering and final landscape plans approved by the VILLAGE. Mutual Assistance. The PARTIES hereto agree to do all things necessary and appropriate to carry out the terms and conditions of this AGREEMENT and to aid and assist each other in furthering the intent of the PARTIES as reflected by the terms of this AGREEMENT, including without limitation, the holding of public hearings, enactment by the VILLAGE of such resolutions and ordinances as are required herein, the execution of permits, applications and agreements and the taking of such other actions as may be necessary to enable the PARTIES to comply with the terms and provisions of this AGREEMENT. VII 6 DEDICATION AND CONSTRUCTION OF STREETS Design and Construction of Streets. The OWNER shall design streets within the TERRITORY according to the standards of the UDO. All interior streets within the TERRITORY shall be dedicated to the VILLAGE. Said streets shall be constructed in accordance with the final engineering plans approved by the VILLAGE. It is understood that in constructing the streets and public sidewalks the OWNER shall post a letter of credit, or other cash deposit, as set forth in Article VIII hereof, after which the OWNER may proceed to construct said streets. Completion of Street Improvements. The OWNER shall provide access to each residential unit. Any street right-of-way not already dedicated at the time of this AGREEMENT shall be dedicated in the final plat of subdivision. The VILLAGE shall accept the dedication of said street right-of-way and the construction of streets and public sidewalks upon the completion by the OWNER of said improvements in accordance with the VILLAGE's construction standards and UDO, as modified by this AGREEMENT. The acceptance by the VILLAGE shall be evidenced by a corporate resolution. The final wearing surface shall not be installed until at least nine months after the installation of the base course. After completion of the construction and acceptance of any street, and if construction traffic of the OWNER continues to utilize that street,the OWNER shall be responsible for keeping the street free from construction debris and for repair of damages to the street caused by the OWNER's construction traffic. Except as otherwise provided herein, after dedication of any street right-of-way at the time of final plat, the VILLAGE shall enforce traffic and other regulations as to the street right-of-way. All deliveries of construction supplies or materials shall be restricted to certain streets agreed upon by the OWNER and the VILLAGE. Snow Plowing of Streets before Acceptance. The OWNER and the VILLAGE acknowledge that until the streets in any platted subdivision of the TERRITORY are accepted by the VILLAGE,the VILLAGE shall have no obligation to keep the streets plowed of ice and snow(snowplowed). Debris. The OWNER shall be required to keep all streets within and adjoining the TERRITORY free from mud and debris generated by any new construction activity on the TERRITORY. VIII FINANCIAL ASSURANCES FOR SITE IMPROVEMENTS Site Development Permit. Prior to any site development work on the TERRITORY, to include but not limited to grading and work done in connection with the extension and establishment of water and sewer systems,the OWNER will apply for a site development permit in accordance with Article IV of the UDO and standard VILLAGE practice. Fee Calculation. The PARTIES hereto conclusively acknowledge that the aforementioned site development fee consists of the Village's Engineering Review Fee. The site development fee described herein shall be in full, complete and final satisfaction of all 7 obligations of the OWNER or the TERRITORY for the Village's Engineering Review Fee under all applicable VILLAGE ordinances. The Site Development Fee applicable to the TERRITORY shall be calculated as follows: The site development permit fee shall be calculated as follows: Site development fee=(Number of acres x $100) +(engineer's estimate x 0.05) The "engineer's estimate" in the above formulas shall mean a Professional Engineer's estimate of the cost of construction of all the total estimated cost of all on-site public improvements to be installed or constructed as required by the approved development plans. The validity of said estimate shall be verified by the Village Engineer. Letter of Credit. The VILLAGE shall not issue a site development permit for any phase of development of the TERRITORY until the OWNER or has delivered to the VILLAGE an irrevocable letter of credit, or cash escrow, in a form satisfactory to, and from a bank or other financial institution approved by the VILLAGE in the amount of 115%of the engineer's estimate of the cost of construction and installation of all site improvements as approved by the Village Engineer, including all required grading, lighting, natural area establishment, landscaping, sidewalks, sewer and water lines and storm water management facilities. The "engineer's estimate" in the above sentence shall mean a Professional Engineer's estimate of the total estimated cost of all on-site public improvements to be installed or constructed as required by the approved development plans and exhibits attached to this AGREEMENT. The validity of said estimate shall be verified by the Village Engineer. Upon request of the OWNER for reduction of such letter of credit or cash escrow the Village Engineer shall, in his/her discretion, recommend the amount of said letter of credit or cash escrow to be reduced, from time to time, as major site improvements are completed, upon approval of the Corporate Authorities of the VILLAGE. Notwithstanding anything contained herein to the contrary,the VILLAGE shall reduce the letter of credit annually as the work is completed and accepted by the VILLAGE in writing, such that the letter of credit shall be equal to no more than 115%of the engineer's estimated cost of completion. Acceptance. All of the public improvements contemplated herein shall, upon acceptance thereof by the VILLAGE, become the property of VILLAGE and be integrated with the municipal facilities now in existence or hereinafter constructed and VILLAGE thereafter agrees to maintain said public improvements. Acceptance of said public improvements shall be by a duly authorized resolution of the Corporate Authorities of the VILLAGE only after the Village Engineer has issued his Certificate of Inspection affirming the improvements have been constructed in accordance with approved Engineering Plans and Specifications. OWNER agrees to convey by appropriate instrument and VILLAGE agrees to promptly accept, subject to terms hereof, the public improvements and detention areas constructed in accordance with the Approved Engineering Plans and Specifications. 8 IX MAINTENANCE OF IMPROVEMENTS AND COMMON AREAS Maintenance Bond. At the time or times of acceptance by the VILLAGE of the installation of any part, component, or all of any public improvement in accordance with this Section, or any other section of this AGREEMENT, the OWNER shall deposit with the VILLAGE a maintenance bond in the amount of ten percent(10%)of the cost of the installation of the public improvements accepted by VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of twenty-four(24)months after completion and acceptance of all improvements. In the event of a defect in material and/or workmanship within said period,then said security shall not be returned until correction of said defect and acceptance by the VILLAGE of said corrections. Owner's Guarantee. The OWNER hereby guarantees the prompt and satisfactory correction of all defects and deficiencies in the improvements that occur or become evident within two years after approval and any acceptance of the improvements by the VILLAGE pursuant to this AGREEMENT. If any defect or deficiency occurs or becomes evident during the two-year period, excepting normal usage and wear-and-tear therefrom, then the OWNER shall, after(10)ten business days' prior written notice from the VILLAGE (subject to Force Majeure), correct it or cause it to be corrected,within a reasonable time as determined by the VILLAGE. In the event any sidewalks or trees are repaired or replaced pursuant to the demand of the VILLAGE,the Guarantee provided in this Section IX of this AGREEMENT shall be extended, as to the repair or replacement, for two (2) full years from the date of the repair or replacement. Such prior written notice from the VILLAGE of any defect or deficiency must be provided within the two (2)year guarantee period or any applicable extension of the guarantee period. Owner's Maintenance of Private Areas. The OWNER shall, at the OWNER's sole cost and expense, maintain all improvements or common areas within the TERRITORY that are to be privately owned and maintained without any modification, except as specifically approved by the VILLAGE, in a first-rate condition at all times unless an owners' association is established and assumes responsibility for improvements or areas. In the event the VILLAGE determines, in the VILLAGE'S sole and absolute discretion,that the OWNER, is not adequately maintaining, or has not adequately maintained, any improvement or area, the VILLAGE shall have the right, but not the obligation, after ten (10)business days' prior written notice to the OWNER,to enter on any or all of the TERRITORY for the purpose of performing maintenance work on any affected improvement or area. In the event that the VILLAGE shall cause to be performed any work pursuant to this Section IX,the VILLAGE shall have the right to draw from the performance securities deposited pursuant to this AGREEMENT, or the right to demand immediate payment directly from the OWNER, based on costs actually incurred or on the VILLAGE'S reasonable estimates of costs to be incurred, an amount of money sufficient to defray the entire costs of the work, including without limitation legal fees and administrative expenses. The OWNER shall, after demand from the VILLAGE, pay the required amount to the VILLAGE. In the event that the VILLAGE shall cause to be performed any work pursuant to this Section IX the VILLAGE shall have the right to: (i) file a lien against the property of the OWNER or any owner failing to maintain or pay for the maintenance of private areas and (ii) enforce the lien in the manner provided by law for mortgage foreclosure proceedings. 9 HOA's Maintenance of Private Areas. If a homeowners' association is established and assumes responsibility for any improvements, open space, and/or common areas within the TERRITORY, the homeowners' association shall, at its sole cost and expense, maintain the improvements and areas without any modification, except as specifically approved by the VILLAGE, in a first-rate condition at all times. In the event the VILLAGE determines, in the VILLAGE'S sole and absolute discretion, that the homeowners' association is not adequately maintaining, or has not adequately maintained, any improvement or area,the VILLAGE shall have the right, but not the obligation, after ten (10)business days' prior written notice to the homeowners' association,to enter on any or all of the TERRITORY for the purpose of performing maintenance work on any affected improvement or area. In the event that the VILLAGE shall cause to be performed any work pursuant to this Section IX the VILLAGE shall have the right to: (i)assess the membership of the homeowners' association for that work; and (ii) file a lien against the property of the homeowners' association or the property of any member failing to pay the assessment; and(iii) enforce the lien in the manner provided by law for mortgage foreclosure proceedings. X DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage to public improvements installed within, under or upon the TERRITORY resulting from construction activities by OWNER, OWNER's successors or assigns and their employees, agents, contractors or subcontractors during the term of this AGREEMENT. XI LAND AND CASH CONTRIBUTIONS Cash Contributions. The OWNER, or any successors in interest as to any portion of the TERRITORY, shall make cash contributions at the time of issuance of building permits for each individual dwelling unit. Said fees shall be as indicated on the Cash Contribution Schedule, attached hereto and incorporated herein as Exhibit K. XII DONATION AND ACCEPTANCE OF OPEN AREAS AND DETENTION AREAS Detention Area. The detention area is Lot 7 (hereinafter"detention area")as identified on Exhibit H. Detention area and all appurtenant structures, and all native landscaping to said detention area, as identified on Exhibits C and H, are to be owned and maintained by the Homeowners Association (HOA). 10 XIII MODEL HOMES The OWNER shall have the right, upon application and issuance of a full site development permit by the Village for the TERRITORY and upon application and issuance of a building permit for a proposed structure,to construct a townhome building on lot 2 to serve as a model home and sales office for the development. The OWNER shall also have the right to construct temporary parking and access roads to serve the model home and sales office building. The VILLAGE shall grant the building a temporary occupancy permit for occupancy as a model home and sales office provided adequate water and sewer services have been provided to the building and all temporary access roads meet applicable Lemont Fire Protection District requirements. All model townhomes and accessory uses shall be constructed, operated and maintained as provided by Section 17.06.070 of the UDO. XIV EASEMENTS AND UTILITIES The OWNER agrees to grant to the VILLAGE, and/or obtain grants to the VILLAGE of, all necessary easements for the extension of sewer,water, street, or other utilities, including cable television, or for other improvements, subject to the provisions of the UDO which may serve not only the TERRITORY, but other real estate in the general area, if requested by the VILLAGE in the future, in accordance with the Final PUD Plans/Plat and Final Engineering Plans. All such easements to be granted shall name the VILLAGE and/or other appropriate entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the OWNER to obtain all easements, both on site and off site, necessary to serve the TERRITORY, in accordance with the Final PUD Plan/Plat. The VILLAGE agrees to cooperate and provide reasonable assistance to the OWNER in the OWNER's attempt to obtain all easements necessary to serve the TERRITORY, in accordance with the Final PUD Plan/Plat, except that such reasonable assistance shall not include any financial assistance or require the VILLAGE to expend any funds. The OWNER shall provide evidence of easement or right of way necessary for the utility extension to the TERRITORY prior to PUD final plan/plat approval. The OWNER shall submit a title commitment from Chicago Title Insurance Company, or any other licensed title company, naming the VILLAGE as an additional insured to guarantee an easement for public utilities from the existing point of connection to the TERRITORY. All electricity, telephone, cable television and gas lines shall be installed underground, the location of which underground utilities shall be at the OWNER's option, upon approval of the VILLAGE and the respective utility company. 11 XV GOVERNMENT INTERESTS SERVED The OWNER agrees that any and all contributions, dedications, donations, open space and easements provided for in this AGREEMENT substantially advance legitimate governmental interests of the VILLAGE and other local taxing bodies, including but not limited to, providing its residents, and in particular the future residents of the TERRITORY, with access to and use of public facilities, libraries, schools, parks and recreational facilities, police protection, and emergency services. The OWNER further agrees that the contributions, dedications, donations and easements required by this AGREEMENT are uniquely attributable to, reasonably related to, and made necessary by the development of the TERRITORY. XVI DORMANT SPECIAL SERVICE AREA A dormant special service area will be established over the TERRITORY, with the cooperation and participation of the OWNER, to provide for the on-site public improvements for the TERRITORY, as well as to pay for the costs and expenses directly or related in any way to the on-site public improvements, including, without limitation: A. construction, installation, repair, or maintenance of the on-site public improvements in the event that the OWNER is for any reason unable to do so and there is inadequate or unavailable security to construct and install the on-site public improvements; B. legal, engineering, and construction management expenses related to the construction, installation, repair, or maintenance of the on-site public improvements; C. direct administrative expenses; D. payment of public liability insurance premiums; or E. reimbursement to the VILLAGE for funds it expended or incurred to construct, install, repair, or maintain the on-site public improvements. The OWNER will pay for all costs incurred by the VILLAGE in establishing the dormant special service area including, without limitation, the payment of all attorneys' fees incurred by the VILLAGE in establishing the special service area as well as reimbursement to the VILLAGE for any and all costs and expenses incurred by the VILLAGE. The VILLAGE will have the automatic right to activate the dormant special service area and extend the taxes in association with the special service area upon the occurrence of any of the following events: A. failure of the OWNER for any reason to complete such public improvements; B. inadequacy of the performance security established by the OWNER as required by this AGREEMENT; or 12 C. failure or refusal by the bank to fulfill or otherwise honor the performance security established by the OWNER as required by this AGREEMENT. By purchasing a lot in the TERRITORY, each purchaser of a lot, for himself or herself and his or her respective successors in title, forever waives any right to challenge the assessment or collection of a tax or assessment imposed by the VILLAGE against the lot pursuant to a special service area established in accordance with this section, provided such special service area is not amended in any way that requires a new public hearing. The DECLARATION for all lots in the TERRITORY will include similar language regarding the establishment of the special service areas. Nothing in this section will prevent the OWNER or any individual lot owner from exercising his or her statutory right to object to the establishment or amendment of the Dormant Special Service Area. Upon the VILLAGE's formal acceptance of the on-site public improvements for the TERRITORY and the expiration of any maintenance guarantee period, as provided in this AGREEMENT,the VILLAGE will take all reasonable actions to have the Dormant Special Service Area dissolved. In no event will the VILLAGE seek the extension of the special service area tax after it has formally accepted the on-site public improvements for the TERRITORY and the expiration of any maintenance guarantee period. XVII 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. XVIII BINDING EFFECT AND TERM OF 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 twenty(20)years from the date of the execution of this AGREEMENT. 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- 13 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. XIX 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 and Village Clerk 418 Main Street Lemont, IL 60439 and Village Administrator 418 Main Street Lemont, IL 60439 For OWNER: Cole Cullen Seven Oaks Developers, LLC 440 N Wabash Ave, Unit 1406 Chicago, IL 60611 Or such other addresses that any party hereto may designate in writing to the other PARTIES pursuant to the provisions of this Section. 14 XX SECURITY 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 and DEVELOPER 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, or by Affidavit. XXI WARRANTIES AND REPRESENTATION The OWNER represents and warrant to the VILLAGE as follows: That OWNER is the owner as legal title holder of the TERRITORY; and 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,to the best of the OWNER's knowledge. XXII 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 the VILLAGE for the faithful performance of all obligations imposed upon them by this AGREEMENT until such obligations have been fully performed or until the VILLAGE has otherwise released the OWNER, from any or all of such obligations. XXIII 15 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. XXIV 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. XXV SINGULAR AND PLURAL Wherever appropriate in this AGREEMENT, the singular shall include the plural, and the plural shall include the singular. XXVI SECTION HEADINGS AND SUB-HEADINGS 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. XXVII RECORDING A copy of this AGREEMENT and any amendments thereto shall be recorded by the VILLAGE at the expense of the OWNER within thirty days after the execution hereof. XXVIII 16 AUTHORIZATION TO EXECUTE The President and Clerk of the VILLAGE hereby warrant that they have been lawfully authorized by the Corporate Authorities of 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. XXIX AMENDMENTS 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.No subsequent alteration, amendment, change or addition to this AGREEMENT shall be binding upon the PARTIES hereto unless authorized in accordance with law and reduced in writing and signed by them. This AGREEMENT may also be amended, in accord with the provisions of this Section, by the VILLAGE and the owner of record of a portion of the TERRITORY as to the provisions applying thereto, without the consent of the owners of other portions of the TERRITORY. XXX COUNTERPARTS This AGREEMENT may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXXI CURING DEFAULT It is understood by the PARTIES hereto that time is of the essence of this AGREEMENT. The PARTIES reserve a right to cure any default hereunder within fifteen (15)business days from written notice of such default. XXXII 17 CONFLICT BETWEEN THE TEXT AND EXHIBITS In the event of a conflict in the provisions of the text of this AGREEMENT and the Exhibits attached hereto,the text of the AGREEMENT shall control and govern. XXXIII SEVERABILITY If any provision of this AGREEMENT is held invalid by a court of competent jurisdiction or in the event such court shall determine that the VILLAGE does not have the power to perform any such provisions, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any of the other provisions contained herein, and such judgment or decree shall relieve the VILLAGE from performance under such invalidity thereof shall not affect any of the other provisions contained herein, and such judgment or decree shall relieve the VILLAGE from performance under such invalid provision of this AGREEMENT. XXXIV REIMBURSEMENT TO VILLAGE FOR LEGAL AND OTHER FEES/EXPENSES To Effective Date of Agreement. The OWNER shall reimburse the VILLAGE for the following expenses incurred in the preparation and review of this AGREEMENT, and any ordinances, letters of credits, plats, easements or other documents relating to the TERRITORY: Miscellaneous VILLAGE expenses, such as legal publication costs, recording fees and copying expenses. From and After Effective Date of Agreement. Except as provided in the paragraph immediately following this paragraph, upon demand by VILLAGE made by and through its President, the OWNER from time to time shall promptly reimburse VILLAGE, for all reasonable attorney's fees and costs incurred by VILLAGE in the administration of the AGREEMENT and out of pocket expenses involving various and sundry matters such as, but not limited to, preparation and publication, if any, of all notices, resolutions, ordinances, and other documents required hereunder. Such costs and expenses incurred by the VILLAGE in the administration of the AGREEMENT shall be evidence to the OWNER upon its request, by a sworn statement of the VILLAGE; and such costs and expenses may be further confirmed by the OWNER at their option from additional documents relevant to determining such costs and expenses as designated from time to time by the OWNER. OWNER shall in no event be required to reimburse VILLAGE or pay for any expenses or costs of VILLAGE as aforesaid more than once, whether such are reimbursed or paid through 18 special assessment proceedings,through fees established by VILLAGE ordinances or otherwise. In the event that any third party or parties institute any legal proceedings against the OWNER and/or the VILLAGE, which relate to the validity or any terms of this AGREEMENT, then, in that event, the OWNER, upon written notice from VILLAGE, shall assume, fully and vigorously,the entire defense of such lawsuit and the expenses of whatever nature relating thereto, provided, however: The OWNER shall not make any settlement or compromise of the lawsuit, or fail to pursue any available avenue of appeal of any adverse judgment, without the approval of the VILLAGE, which approval shall not be unreasonably withheld; and If the VILLAGE, in its sole discretion, determines there is or may probably be, a conflict of interest between the VILLAGE and the OWNER, on an issue of importance to the VILLAGE having a potentially substantial adverse affect on the VILLAGE, then the VILLAGE shall have the option of being represented by its own legal counsel. In the event the VILLAGE exercises such option, then the OWNER shall reimburse the VILLAGE from time to time on written demand from the President of the VILLAGE and notice of the amount due for any expenses, including but not limited to court costs, reasonable attorney's fees and witnesses' fees and other expenses of litigation, incurred by the VILLAGE in connection therewith. The obligation of the OWNER to reimburse the VILLAGE under the terms of this AGREEMENT shall terminate if no such legal proceedings are brought within one year from the date of the annexation of the TERRITORY and, further, such obligation of reimbursement shall not apply if such legal proceedings are based upon alleged errors, omissions or unlawful conduct of the VILLAGE and not the OWNER. In the event the VILLAGE institutes legal proceedings against the OWNER for violation of this AGREEMENT, and secured a judgment in its favor the OWNER shall pay all expenses of such legal proceedings incurred by the VILLAGE including but not limited to, the court costs and reasonable attorney's fees, etc., incurred by the VILLAGE in connection therewith. 19 XXXV 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 LEMONT an Illinois Municipal Corporation AlOP B': Village 'resident AI'IEST: By Village Clerk OWNER: Seven Oaks Developers, LLC By: .. Cole Cu len,Manager BPhillip J. C , Manage 20 XXXVI NOTARY CERTIFICATES STATE OF ILLINOIS) ) SS COUNTY OF COOK) I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY CERTIFY that BRIAN K. REAVES, personally known to me to be the President of the Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal,this #3 9' day of?au__ 20 67144,xc'm. not No ar Public My commission expires on 9rawaiii 3 , 20 k, OFFICIAL SEAL LIN!),,K. MOLITOR NOTARY PURL IC.STATE OF ILLINOIS MY COMMISSION EXPIRES 14.2616 21 "OFFICIAL SEAL" STATE OF (J ) NOTARYOPUBLIC, TATTE OF nIWNOIS ) SS M Commission 4.ires 06/05/2018 COUNTY OF 1,0/I ) I,the undersigned, a Notary Public in and for the County and State aforesaid,DO HEREBY CERT'IF'Y that the above-named Coo ,personally known to me to be,S-eveN ( ._c)x_ue_) 1,-iocvner of the TERRITORY and the same person whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this � day of 14)t ,20 J My commission expires on (p fs )g , 20 1ST Ofteit Notary Public STATE OF ) SS COUNTY OF�( 1/ ) I, the undersigned, a Notary Public in and for the County and State aforesaid,DO HEREBY CERTIFY that the above-named Phil i p e. rJ 1(e vU,personally known to me to be Se v.ew CKS :dG '!�wner of the 'TERRITORY and the same person whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal,this d-3-- day of ', )0A/-P _ ,20 lc— My commission expires on La- /S , 20 °ha,' i i OFFICIAL SEAL" COLETTE MOLAND NOTARY PUBLIC,STATE OF ILLINOIS M Commission le Tres 06/05/2018 22 i1 THE TOWNHOMES AT SEVEN OAKS EXHIBIT A—LEGAL DESCRIPTIONS COMMENCING AT THE NORTHWEST CORNER OF LOT 21;THENCE NORTH 88 DEGREES 2 MINUTES 22 SECONDS EAST 471.27 FEET ; THENCE SOUTH 31 DEGREES 57 MINUTES 38 SECONDS EAST 53.12 FEET TO THE SOUTHERLY RIGHT- OF- WAY LINE OF McCARTHY ROAD FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES 2 MINUTES 22 SECONDS EAST 345.95 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE SOUTH 25 DEGREES 1 MINUTE 45 SECONDS EAST 415.24 FEET; THENCE NORTH 58 DEGREES 2 MINUTES 22 SECONDS EAST 249.49 FEET; THENCE SOUTH 31 DEGREES 57 MINUTES 38 SECONDS EAST 53.15 FEET;THENCE NORTH 58 DEGREES 2 MINUTES 22 SECONDS EAST 210.67 FEET; THENCE SOUTH 31 DEGREES 57 MINUTES 38 SECONDS EAST 759.97 FEET TO THE SOUTHERLY RIGHT- OF-WAY LINE OF McCARTHY ROAD; THENCE NORTH 88 DEGREES 2 MINUTES 22 SECONDS EAST 38.11 FEET ALONG SAID SOUTHERLY RIGHT-OF WAY LINE ; THENCE SOUTH 31 DEGREES 57 MINUTES 38 SECONDS EAST 523.3o FEET; THENCE NORTH 58 DEGREES 2 MINUTES 22 SECONDS EAST 177.67 FEET; THENCE SOUTH 31 DEGREES 57 MINUTES 38 SECONDS EAST 420.72 FEET TO THE POINT OF BEGINNING, CONTAINING 202,511 S.F (4.65 ACRES) IN COOK COUNTY,ILLINOIS. ALSO DESCRIBED AS: PARCEL 1: THAT PART OF LOT 21 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:COMMENCING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 27, WHICH IS 471.27 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE SOUTH 30 DEGREES EAST, PARALLEL WITH THE WESTERLY LINE OF SAID LOT 21, A DISTANCE OF 371.33 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 30 DEGREES EAST, 113.01 FEET; THENCE NORTH 60 DEGREES EAST, 269.05 FEET TO A POINT ON A LINE (SAID LINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27, WHICH IS 471.27 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE SOUTH 30 DEGREES EAST, 1,294.75 FEET TO THE CENTER LINE OF ARCHER AVENUE, AS PAVED; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF ARCHER AVENUE, AS PAVED, 178.32 FEET TO THE POINT OF BEGINNING OF AFORESAID LINE; THENCE NORTHWESTERLY 1,087.30 FEET TO A POINT IN THE NORTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 27, SAID POINT BEING 825.92 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE NORTHEASTERLY ON THE AFORESAID LINE, A DISTANCE OF 311.18 FEET TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27, SAID POINT BEING 825.92 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE WEST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27 204.65 FEET; THENCE SOUTH 30 DEGREES EAST ALONG A LINE PARALLEL WITH THE WESTERLY LINE OF SAID LOT 21, A DISTANCE OF 297.08 FEET; THENCE SOUTHWESTERLY ALONG A LINE PERPENDICULAR TO THE WESTERLY LINE OF SAID LOT 21, 130.34 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART CONVEYED TO THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES BY WARRANTY DEED DATED MARCH 7, 2011 AND RECORDED MAY 13, 2011 AS DOCUMENT NUMBER 1113346005. PERMANENT INDEX NUMBER: 22-27-300-039-0000 COMMONLY KNOWN AS: 14280 MCCARTHY ROAD, LEMONT, IL 60439 PARCEL 2: THAT PART OF LOT 21 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST '/ OF SAID SECTION 27, WHICH IS 471.27 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE SOUTH 30 DEGREES, EAST PARALLEL TO THE WESTERLY LINE OF SAID LOT 21, 371.33 FEET; THENCE NORTHEASTERLY ON A LINE PERPENDICULAR TO THE LAST DESCRIBED LINE A DISTANCE OF 130.34 FEET; THENCE NORTHWESTERLY ON A LINE PARALLEL TO THE WESTERLY LINE OF SAID LOT 21 TO A POINT ON THE NORTH LINE OF THE SOUTHWEST ' OF SAID SECTION 27, WHICH POINT IS 150 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTHWEST ' OF SECTION 27, 150 FEET TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 21; THENCE NORTH 87 DEGREES 51 MINUTES 28 SECONDS EAST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY ALONG THE NORTH LINE OF THE SOUTHWEST ' OF SAID SECTION 27 A DISTANCE OF 471.27 FEET; THENCE SOUTH 31 DEGREES 32 MINUTES 25 SECONDS EAST 37.84 FEET TO THE SOUTH APPARENT RIGHT OF WAY LINE OF MCCARTHY ROAD AND THE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 87 DEGREES 51 MINUTES 28 SECONDS EAST 349.87 FEET; THENCE SOUTH 24, DEGREES 50 MINUTES 33 SECONDS EAST 14.23 FEET; THENCE SOUTH 87 DEGREES 51 MINUTES 28 SECONDS WEST 347.73 FEET; THENCE NORTH 31 DEGREES 32 MINUTES 25 SECONDS WEST 14.96 FEET TO THE POINT OF BEGINNING), IN COOK COUNTY, ILLINOIS. PERMANENT INDEX NUMBER: 22-27-300-020-0000 COMMONLY KNOWN AS: 14280 MCCARTHY ROAD, LEMONT, IL 60439 PARCEL 3: THAT PART OF LOT 21 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST ' OF SAID SECTION 27, WHICH IS 471.27 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE SOUTH 30 DEGREES EAST, PARALLEL WITH THE WESTERLY LINE OF SAID LOT 21, A DISTANCE OF 484.34 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 30 DEGREES EAST 351.61 FEET; THENCE NORTH 60 DEGREES EAST 225.87 FEET TO A POINT ON A LINE (SAID LINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27, WHICH IS 471.27 FEET EAST OF THE NORTH WEST CORTNER OF SAID LOT 21; THENCE SOUTH 30 DEGREES EAST, 1294.75 FEET TO THE CENTER LINE OF ARCHER AVENUE, AS PAVED; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF ARCHER AVENUE, AS PAVED 178.32 FEET TO THE PLACE OF BEGINNING OF AFORESAID LINE; THENCE NORTHWESTERLY 1087.30 FEET TO A POINT IN THE NORTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 27, SAID POINT BEING 825.92 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 21; THENCE NORTHWESTERLY ON THE AFORESAID LINE, A DISTANCE OF 354.33 FEET TO A POINT; THENCE SOUTHWESTERLY 269.05 FEET TO THE PLACE OF BEGINNING,IN COOK COUNTY, ILLINOIS. EXCEPTING AS FOLLOWS: THAT PART TAKEN FOR ATLANTIS SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 23, 2010 AS DOCUMENT NO. 1008218045. PERMANENT INDEX NUMBER: 22-27-300-040-0000 COMMONLY KNOWN AS: 12430 ARCHER AVENUE, LEMONT, IL 60439 PARCEL 4: THAT PART OF LOT 21 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH IS 228.54 FEET EAST OF THE NORTHWEST CORNER OF LOT 21; THENCE SOUTH 30 DEGREES EAST PARALLEL TO THE WESTERLY LINE OF SAID LOT 21, 817.59 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO LAST DESCRIBED LINE 210.58 FEET; THENCE NORTHWESTERLY ALONG A LINE PARALLEL WITH THE WESTERLY LINE OF LOT 21, 217.78 FEET; THENCE WEST ALONG A LINE THAT IS PERPENDICULAR TO THE LAST DESCRIBED COURSE, A DISTANCE OF 177.58 FEET; THENCE NORTHWESTERLY ALONG A LINE PARALLEL TO THE WESTERLY LINE OF SAID LOT 21 TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27; THENCE WEST ON SAID NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 27, 38.00 FEET T.0 THE POINT OF BEGINNING, (EXCEPT THEREFROM THAT PART TAKEN BY CONDEMNATION CASE 12L050680 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 21 IN COUNTY CLERK'S DIVISION; THENCE NORTH 87 DEGREES 50 MINUTES 07 SECONDS EAST, A DISTANCE OF 228.45 FEET (228.54 FEET RECORD) ALONG THE NORTH LINE OF SAID LOT 21 AND ALSO BEING THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 27 TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 50 MINUTES 07 SECONDS EAST, A DISTANCE OF 38.02 FEET (38.00 FEET RECORD) CONTINUING ALONG THE LAST DESCRIBED COURSE; THENCE SOUTH 31 DEGREES 56 MINUTES 56 SECONDS EAST, A DISTANCE OF 59.10 FEET ALONG A LINE THAT IS PARALLEL WITH THE WESTERLY LINE OF SAID LOT 21; THENCE WESTERLY ALONG A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1174.02 FEET, AN ARC DISTANCE OF 38.60 FEET AND CHORD BEARING SOUTH 89 DEGREES 18 MINUTES 15 SECONDS WEST, A CHORD DISTANCE OF 38.60 FEET; THENCE NORTH 31 DEGREES 56 MINUTES 56 SECONDS WEST, A DISTANCE OF 57.96 FEET ALONG A LINE THAT IS PARALLEL WITH SAID WESTERLY LINE OF LOT 21 TO THE POINT OF BEGINNING), ALL IN COOK COUNTY, ILLINOIS. 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I I��i1iI 1��!1J _00 00 =-I..�l�li1 1.lUL_= lalsININI■ININI1.-- fk Is 1i1.11111•l•l-- 1�•11•I10i1•1-■1�1 Front Elevation Prepared by: Kirk Design Inc Prepared on: 3/23/15 -----x7x*RigalEttaaguatitisaikaraiats,„..., A alt �G/■�l■ ■■b— iw{• t� n/■■■O •�/■G ■V\ II■ �l///•G il■//■U Ewa a�Cr• 7� ■O 9/ , n:i .i ~r �■�■ _ 111 111 _ IIf 111 ■ v■r- ■ /r.-o v .111 11t 111■I �■♦/ w1■//11 w■w■i■ =r16 ■■■ !11 w■•n■w Ij UI o o■r •/a■u - — 111I1{ a■o■a - - _ - _ 111 O{ ■ ■w■u - 111 111 -_ i�ii ii -�■�■/■ 'X11 111 - _ 111,01 ■► ,w■u - ._Itt{II - 1111 _11/UI ■w u a■o im Rear Elevation Prepared by: Kirk Design Inc Prepared on: 3/23/15 ililiii1i1i11�i1i1i1ihSii1i11�ii�pi111,i1- 1► '1'111'1 1'1"1415i5'i5'i1i�1i�� I r � I II*► Ili 1,14'11111.4 h i I 1. 144�d1d'{ d1h�'i11' 111/11 141�4' i 1411111,1 ' 1,111►, 41 11 14 1 'A1 h'A 1' ' 1 1 t I-r�1 41'1444'14 114 141441 I i 1111111► CI 444,11101't 1i'it'1'i'i1�y�di4liaii4l' 1/11. 1 s i5'11'4'ii1i4541i1h 1, 111111111► CD 141111∎114"�'i 1111111110 11114 j 1 11111111. i'i'i'1111i'iii.i'i'i'i5'i'i a1i,111$ : 111111111/► 1'4444,1,11!14 t 11'1111'44 1 I 1 1 1 1 1, ¢j 444'd1h r11"41,1514'4'11 1 i 1 111 1 ii'''I 1I h1I141I4'i'�' 'ii'� s 1111/1/1111111► ?P 44441di4hi4141414d14!14i ■ j 11111111111111, C •1144 dd 1444E'i4Ii 1'41' 1 1 1/1 1/1 44'441'h i4h4'i4�4'd1h 1';4 1 1 1//1 1► 414445'i4114444h4'44444 11/ill/I:I:I11,1, 454" 14444a'd114'4,!,414 1 1 1 11/1 1 1 i'ii4i'i44�gi'i VY 1111 !,1/I1111I11111It►. cr 4,,11,11111,11y 11 e1,:' 'i'i'i ,111111,/1111/1/11111 'i'i'ii'4P1'l��=111'11 !11/1!91111//I/11It► yi11yi'..iplyi1I I1i1111114i110111,i41 1I1111IIIt1,IIi1 111 s1,1 :�'t4414,i 1 141 r4 4 1,14.1 h 11'i41'A11hh I I 11/111/11111111111' t114'111'iMi11 1131,14111111 (i 11/1111111111111/11 11i11�141411,4 5144,!1144'111 1 I 11111111111111/r1,5�i1i'i'i!i14115 155'451411 • j' 1/11111/1111111/11! it14114'4'1h'�141I'41411i' 1,I �11t,111 11 11441i�i 411 5111141114 i '111ty111lttltritlii 1111:1'14�41'1¢1i1i1411i 1 11 1 1 1 Iligii!t1!',I,I/I1 1114.1111 1!41i111,16'i1i'i'i41411 '1 ; 111/1/1111 111111111 1 1111 4111111 111 1 1 / 1,1 1 1444444 u4' 44 444,144 1 ,1//111,1 I,1i,/111 i��lii4i'i'i,,,,,1 14,ii4i1i,i1i141 1 j 1 ' 1 toll/1L llIIIIIIII $11'1144'1 14'1144,15111145 1, j 1 11111/1 1 t l 1.1h41414iii$1114ii�i•ii`ii I I ! l ,'. 1iiI,uI,III/I/III 11 1 111 �1,11 1111 M1i'1f41jIj111j4�1�11yy�II4Illi4 (VII 1111/Ii/1I� 'ii'i4l15'i1i'i1i'i5!i giil4i'i'i i i 1,,I/11,11111/I,DI i'i'iih`4141,1111.r 45141,I1,11,11,1,4 1 1 11.1/1/111,111111 4i t,4L44ii!LI,LI;LIi.l,i,g1 _•1�11I1111111//. 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I 14114411 il111PiIi iIi'i 4 1 1111,41111. 1i i i N1 i'$44i'i 1i iiyi iir1i111 111 i1:4:140111 40:: 1.11!41111111, 01,1 i'4410,0!11 10'41 '... mnn�w .t 1.11111111;. '1'1i1';i'i'444444ii''1i'4 ! 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Land Donation(acres) 0.14 Cash Donation $21,060.00 Junior High(6-8) (1200 students-25 ac.) Land Donation(acres) 0.03 Cash Donation $4,712.50 High School(9-12) (3000 students-80 ac.) Land Donation(acres) 0.04 Cash Donation $6,136.00 TOTAL REQUIRED Land Donation 0 Cash Donation $156,633.08