O-54-22 Authorizing the Execution of an Annexation Agreement for 104.7 Acres of Property Located West of Smith Road in Lemont, IL (PDV Midwest Refining L.L.C)_executed418 Main Street I Lemont, IL 60439
TO: Village Board Meeting
FROM: George Schafer, Administration
THROUGH:
SUBJECT: An Ordinance Authorizing the Execution of an Annexation Agreement for
104.7 Acres of Property Located West of Smith Road in Lemont, IL (PDV
Midwest Refining L.L.C)
DATE: November 14, 2022
SUMMARY/BACKGROUND
Annexation of unincorporated territories by municipalities has been and continues to be a
priority and directive set out by the Cook County Board President and other policy directives.
These directives were discussed and incorporated into the Village's strategic planning efforts
over the years with specific outcomes listed such as securing boundary agreements and to
pursue annexation of unincorporated territory near or surrounded by the Village's corporate
boundaries. The importance of these initiatives is not only to expand the Village's tax base, but
also to exercise regulatory authority over areas near the Village. Regulatory oversight of
these areas is important to ensure development and zoning entitlements are consistent with
the Village's long term plans and that they are are handled through the Village's development
review process as opposed to the process and codes of the county or an adjacent
municipality.
While the majority of recent annexations have taken place in Cook County, there are areas of
Will County that have recently been annexed and other properties in unincorporated Will
County discussed for potential annexation and development. Recent annexations for the
Village in Will County include the fuel station at Archer / 135th Street across from
Target/Kohls. The Village worked with the Village of Homer Glen on a boundary and revenue
share agreement along with related disconnection of property from Homer Glen, to bring that
project to reality. The Village of Lemont is desirous of expanding that development corridor
along Archer Avenue once additional properties are ready to develop.
Other Will County properties discussed for potential annexation are areas west of Smith Road
and north of 135th Street, properties adjacent or near the refinery. This area is included in the
Village's 2030 comprehensive plan with open space/recreation and employment center land
use designations and has been contemplated for future annexation and potential
development. The annexation corridor subject to the items on the agenda is necessary so the
Village may exercise its regulatory authority on these areas and adjacent properties to ensure
development requests are consistent with our long term plans and are handled by Lemont and
not the county or an adjacent municipality. Another significant benefit to the annexation is
being able to serve the properties, especially Bambrick Park, with municipal police and other
services.
It should be noted that while there is development interest in the area, the action subject to the
public hearing and related annexation agreement is related to vacant property owned by PDV
Midwest Refining, LLC, of which there are no development plans. These refinery owned
property have long served as a "buffer" to the refinery and are not planned for development.
The properties along Smith Road will continue to serve as open space buffer to the refinery
including the Bambrick Park parcels.
The first formal step for any opportunity to annex territories in this area is to secure a
commitment from the refinery to move forward and work to annex these territories. The
Village attorney and staff have been in contact with officials from the refinery on the potential
annexation of the territories and have come to terms on an agreement that would govern the
annexation of the territories vacant territories. The terms of the agreement include provisions
to promote certain properties in the area remaining as open space, such as Bambrick Park
and other areas. The formal rezoning of these areas must be made via application and will
occur at a later date with additional public hearings and other public meetings.
As mentioned above, there has been development interest in properties in this area. Any
development request, annexation, rezoning, etc will be required to go through the full
development review process typical of any development within the Village. The Village also
will require developers to meet with property owners in the area to discuss development plans
prior to formal submittal with the Village to gain feedback and early coordination.
The proposed annexation agreement is only a first step to annexing these territories. If
approved and executed by both the Village and PDV Midwest Refining, LLC, the next steps
will include petitions to formally annex territory, rezoning applications and other steps in which
the general terms are outlined in the agreement.
ANALYSIS
Consistency with Village Policy
Other Subheadings, as applicable. Please Specify in Analysis Field.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance
BOARD ACTION REQUESTED
Motion to Approve Ordinance
ATTACHMENTS
ORD CITGO Annexation Agreement Ordinance.pdf
CITGO_Annexation_Agreement_Nov_14_2022_w_plats.pdf
VILLAGE OF LEMONT
ORDINANCE
NUMBER 0-5q -22
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR 104.7 ACRES OF PROPERTY LOCATED WEST OF SMITH
ROAD IN LEMONT, ILLINOIS
(PDV Midwest Refining L.L.C.)
JOHN EGOFSKE, Village President
CHARLENE M. SMOLLEN, Clerk
JANELLE KITTRIDGE
DAVE MAHER
KEN MCCLAFFERTY
KEVIN SHAUGHNESSY
RICK SNIEGOWSKI
RON STAPLETON
Trustees
Published in pamphlet form bN authorit% ot'the N illage President and Board of Trustees of the Village of Lemont onf/ J�2022
ORDINANCE NO. O-A-22
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR 104.7 ACRES OF PROPERTY LOCATED WEST OF SMITH
ROAD IN LEMONT, ILLINOIS
(PDV Midwest Refining L.L.C.)
WHEREAS the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, ("the
Village") is a municipality in the state of Illinois with full powers to enact ordinances and adopt
resolutions for the benefit of the residents of the Village; and
WHEREAS, the Village of Lemont desires to enter into an Annexation Agreement with
PDV Midwest Refining L.L.C., for the subject property described and depicted in Exhibit A
attached hereto and made a part hereof, and
WHEREAS, PDV Midwest Refining L.L.0 is the owner of the territory subject to said
Annexation Agreement and is ready, willing and able to enter into said Annexation Agreement
and to perform the obligations required hereunder; and
WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the
approval and execution of said Annexation Agreement have been fully complied with, including
but not limited to, the holding of a public hearing on November 14, 2022 before the corporate
authorities of the Village of Lemont and the passage of this ordinance by a 2/3 affirmative vote.
NOW, THEREFORE BE IT ORDAINED by the Village President and Board of
Trustees of the Village of Lemont, Counties of Cook, DuPage, and Will, Illinois as follows:
SECTION ONE: That the President or his designee is hereby authorized to execute the
Agreement in substantially the form attached hereto. The Village President is hereby authorized
to make such changes in the Agreement as approved by the Village Attorney, provide that the
changes are minor in nature and such changes are reported to the Board of Trustees after the
execution thereof.
SECTION TWO: The Village Clerk is authorized and directed to record a certified copy
of the Annexation Agreement for the Subject Property in the office of the Will County Recorder
of Deeds after its execution and the attachment of all appropriate exhibits.
SECTION THREE: 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.
ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNT�I S OF COOK, WILL, AND DUPAGE, ILLINOIS,
ON THIS i 14 DAY OF NV UG MWY 2022.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS:
Janelle Kittridge
Dave Maher
Ken McClafferty
Kevin Shaughnessy
Rick Sniegowski
Ron Stapleton
Attest:
Charlene M. Smollen, Village Clerk ,N JA+, 1N P.irIL
1 sit/laltZ
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SEAL
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ABSENT: ABSTAIN:
Jo n E ske, Village President
Exhibit A
Plat of Survey
P.I.N. 12-02— 36— 200-003
P.I.N. 12-02-36-400-013 PLAT OF ANNEXATION
PARCEL ONE VILLAGE OF LEMONT
P-I f, 12 -T 36-200-003 OF
TH'r � OTH 1I. A,'.RFS OF THE EAST 112 OF THE NORTHEAST 114 OF SECTION 36, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS
PARCEL TWO
P.I.N.12-02-36-400-011
P.I.N. 12-02-36— 400-013
THE NORTH /2 OF THE SOUTHEAST 114 OF SECTION 38, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN. AND THE EAST 5 ACRES OF THE NORTH 12 OF THE
SOUTHWEST 114 OF SECTION 36, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN. (EXCEPT BEGINNING AT A POINT OF INTERSECTION OF THE SOUTH LINE OF THE
NORTH IQ OF THE SOUTHEAST 1140E SECTION 38. TOWNSHIP 37 NORTH, RANGE 10 EAST, WITH A LINE 33 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 114 OF
SECTION 36 AFORESAID; THENCE SOUTH 88 DEGREES 16' 51' WEST. ALONG SAID SOUTH UNE. 2WO-02 FEET TO THE WEST LINE OF THE SOUTHEAST 114 OF SECTION 36 AFORESAID: THENCE
NORTH 1 DEGREE Ot' 38' WEST ALONG THE AFORESAID WEST LINE, 334.36 FEET TO A POINT ON A LINE DRAWN 33E.33 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTH IQ
OF SAID SOUTHEAST 1/4; THENCE NORTH 88 DEGREES 16' 51' EAST. ALONG THE AFORESAID PARALLEL LINE, 2806.62 FEET TO A POINT ON A LINE DRAWN 33 FEET WEST OF AND PARALLEL WITH
THE EAST LINE OF SAID SOUTHEAST 1/4; THENCE SOUTH 1 DEGREE 06' SO- EAST, ALONG THE AFORESAID PARALLEL LINE, 334.35 FEET TO THE HERE WABOVE DESIGNATED POINT OF
BEGINNING), IN WILL COUNTY, ILLINOIS.
iHL NEW BUUNOARY OF HE AREA ANNEXED SHALL EXTEND 10 THE FAH SIUE OF ANY AUJACENI HIGHWAY
AND SHALL INCLUDE ALL OF EVERY HIGHWAY WITHIN THE AREA ANNEXED.
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LEGEND PARCEL 1 - AREA TO BE ANNEXED CONSISTS OF APPROXIMATELY 29.5 ACRES
PARCEL 2- AREA TO BE ANNEXED CONSISTS OF APPROXIMATELY 65.9 ACRES
TOTAL AREA TO BE ANNEXED APPROXIMATELY= 95.40 ACRES AF rLR RLCORDING PLEASE RETURN 10:
DENOTES HEREBY ANNEXED THE VILLAGE Of LLMONI
STATE OF ILLINOIS )
COUNTY OF COOK )
APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COOK, WILL, AND DUPAGE
COUNTY, ILLINOIS AT A MEETING HELD ON THIS
DAY OF A.D., 2022.
BY: _
PRESIDENT
ATTEST,
CLERK
xID 0 500
7-7 1rT7r"-7
GRAPHIC SCALE J
IN 'ELI
STATE OF ILLINOIS )
COUNTY OF COOK ) S.S
I, JAMES L. CAINKAR, AN ILLINOIS PROFESSIONAL LAND
SURVEYOR, DO HEREBY CERTIFY THAT THE P.AT AS
HEREON DRAWN IS A CORRECT REPRESFNTATION OF THE
PROPERTY DESCRIBED IN THE FOREGOING CAPTION.
DATED AT WILLOWBROOK. ILLINOIS, THIS 4th DAY OF
OCTOBER A. I)
JAMFS 1.. CAINKAR
ILLINOIS PROFESSIONAL LAND SURVEYOR
No. 2656
EXPIRES 11-30-22
418 MAIN STREET
LEMONT, ILLINOIS 60439
10 OF ILL,
JAMES
LOUIS
*� CAINKAR-*
'F. 2656 ;�a4
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L LAN'
JAMES L CAINKAR, P.E.
IL P.L.S. NO. 2656
EXPIRES 11-30.22
DATE: 10/04/22
PROJECT N0. 19391-PLAT 1 AND 2
P.I.N. 12 02-36-400 010 PLAT OF ANNEXATION
II
VILLAGE OF LEMONT
OF -AL: 1 _�cG' THAT PART OF THE EAST 112 OF THE SOUTHEAST 114 OF THE SOUTHEAST 104 OF SECTION 36. TOWNSHIP37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE NORTH 175
FEET, AND ALSO EXCEPT THE SOUTH 6 ACRES. DESCRIBED AS FOLLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT. THENCE NORTH 1 DEGREE 06'50• WEST, ALONG THE EAST
LINE OF SAID SOUTHEAST 114 OF SECTION 36, A DISTANCE OF 150 FEET TO POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 88 DEGREES 16'46" WEST, ALONG A LINE
DRAWN PARALLEL WITH THE NORTH LINE OF THE AFORESAID SOUTH 5 ACRES. 290.40 FEET; THENCE SOUTH 1 DEGREE 06'60' EAST, 150 FEET; THENCE SOUTH 88 DEGREES 16'46' WEST, ALONG
THE NORTH LINE OF THE AFORESAID SOUTH 5 ACRES, 369 73 FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF THE AFORESAID EAST 112 OF THE SOUTHEAST 114 OF SOUTHEAST
114 OF SECTION 36: THENCE NORTH 1 DEGREE 06'32', ALONG SAID WEST LINE, 820 13 FEET OF THE SOUTH LINE OF THE AFORESAID NORTH 175 FEET OF THE SOUTHEAST 114 TO THE SOUTHEAST
V4 OF SECTION 36; THENCE NORTH 88 DEGREES 16'51' EAST, ALONG SAID SOUTH LINE, 384.10 FEET TO A POINT WHICH 275.72 FEET WEST OF THE AFORESAID EAST LINE OF THE SOUTHEAST 114
OF SECTION 38: THENCE SOUTH 1 DEGREE 06'50` WEST, ALONG A LINE DRAWN PARALLEL WITH SAID EAST LINE 333.00 FEET; THENCE NORTH 88 DEGREES IW51' EAST, ALONG A LINE DRAWN
PARALLEL WITH THE AFORESAID SOUTH LINE OF THE NORTH 17 FEET, 275.72 FEET TO THE POINT OF INTERSECTION WITH THE AFORESAID EAST LINE OF THE SOUTHEAST U4 OF SECTION 36:
THENCE SOUTH 1 DEGREE O6'50' EAST, ALONG SAID EAST LINE, 337.11 FEET TO THE HEREIN ABOVE DESCRIBED POINT OF BEGINNING (EXCEPT THAT PART TAKEN FOR ROAD WIDENING PER
R2010-026964),
IN WILL COUNTY, ILLINOIS. THE NEW BOUNDARY OF THE AREA ANNEXED SHALL EXTEND TO THE FAR SIDE OF ANY ADJACENT HIGHWAY
AND SHALL INCLUDE ALL OF EVERY HIGHWAY WITHIN THE AREA ANNEXED.
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DENOTES HEREBY ANNEXED
AFTER RLCORDWG PLEASE RETURN TO
T-IE NLLAGE OF LEMONT
STATE OF ILLINOIS )
COUNTY OF COOK )
APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT. COOK, WILL, AND DuPAGE
COUNTY, ILLINOIS AT A MEETING HELD ON THIS
CAY OF A.D., 2022.
BY;
PRESIDENT
ATTEST;_
CLERK
AG O 500
�S
GRAPHIC SCALE
n ILL1
STATE OF ILLINOIS ) SS
COUNTY OF DuPAGE )
I, JAMES L. CAINKAR, AN ILLINOIS PROFESSIONAL LAND
SURVEYOR, 00 HEREBY CERTIFY THAT THE PLAT AS
HEREON DRAWN IS A CORRECT REPRESENTATION OF THE
PROPFRTY DESCRIBED IN THE FOREGOING CAPTION.
DATED AT WILLOWBXllll�NKARS
S. THIS 4th DAY OF
OCTOBER JAME
ILLINOIS PROFESSIONAL LAND SURVEYOR
No. 2656
EXPIRES 11-30-22
A18 MAIN STREE'
LEMONT, ILLINOIS 60439
16 �
JAMES w
LOUIS
#" CAINKAR '*
2656 %oAc
Oq �4
�f�7O'YAL L A710S�`,
JAMES L. CAINKAR, P.E.
IL. P.L.S, NO. 2656
EXPIRES 11-30-22
DATE: 10/04/22 JECT N0, 19391 (4
Exhibit B
Annexation Agreement
ANNEXATION AGREEMENT
THIS AGREEMENT (hereinafter "Agreement'), is made and entered into this ;Z?,Yday of
2023 ("Effective Date"), between the Village of Lemont, an Illinois
municipal corporation located in Cook, DuPage, and Will Counties, Illinois (hereinafter "Village")
and PDV Midwest Refining L.L.C. (hereinafter "Oivner").
WITNESSETH
WHEREAS, the Owner is the owner of the property legally described in the Plat of Survey,
attached hereto as Exhibit A and made a part hereof (hereinafter referred to as the `:Subject
Proper(y"), which property is subject to this Agreement; and
WHEREAS, the Subject Property constitutes an area that is contiguous to the Village, as
provided under the Illinois Municipal Code, 65 ILCS 5/7-1-1, el seq.; and
WHEREAS, the parties hereto wish to enter into a binding agreement with respect to the
annexation of the Subject Property by the Village, and the zoning, development, and other related
matters concerning the Subject Property, all pursuant to the provisions of Division 15.1 of Article
Eleven of Chapter 65 of the Illinois Compiled Statutes, upon the terms and conditions contained
in this Agreement; and
WHEREAS, all public hearings as required by law have been held by the appropriate
departments, commissions, boards, and other governmental bodies of the Village, and each has
submitted various reports and recommendations, or both, required of them; and
WHEREAS, the annexation of the Subject Property to the Village will be beneficial to the
Village, will properly and beneficially extend the corporate limits and the jurisdiction of the
(00121069.8)
Village, will permit the sound planning and development of the Village, and will otherwise
promote the proper growth and general welfare of the Village; and
Wi IEREAS, the corporate authorities of the Village have been authorized to execute this
Agreement.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the parties hereto agree as follows:
LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to,
and in accordance with, the provisions of the Lemont Municipal Code and applicable provisions
of the Illinois Compiled Statutes and the Illinois Constitution.
2. PETITION TO ANNEX. The Owner agrees to file with the Village Clerk of the
Village a duly executed petition, pursuant to and in accordance with the provisions of Section 5n-
1-8 of Chapter 65, Illinois Compiled Statutes, to annex the Subject Property to the Village.
3. ANNEXATION. Within 30 days after the Effective Date of this Agreement, the
Village hereby agrees to annex the Subject Property upon the terms and conditions of this
Agreement, and the parties respectively agree to do all things necessary and appropriate to cause
the Subject Property to be duly and validly annexed to the Village.
4. REZONING.
A. Concurrently with the annexation of the Subject Property to the Village, the
Village hereby agrees to adopt the necessary ordinances to zone parcel 12-02-36-200-003 into the
M-3 District and 12-02-36-400-011 and 12-02-36-400-0I0 into the OL District in conformance
with the Village of Lemont Unified Development Ordinance ("UDO"), except for development
parcel specified in 4(B).
{00121069.8) 2
B. The Village further agrees that, except as provided in Section 4(C) of this
Agreement, it will zone into the OL District (collectively, the "Surrounding Area"): (1) any real
property south of 135th Street, including, but not limited to the Big Run Golf Club, designated by
property tax identification numbers I1-04-01-200-001-0000, 11-04-01-200-002-0000, and 11-04-
01-101-007-0000, that is annexed into the Village during the term of this Agreement; and (2) any
other real property that is annexed into the Village during the term of this Agreement that is located
in the area bounded by Smith Road to the east, 135°i Street to the south, New Avenue to the west,
and 127ih Street to the north, with the exception of development parcel designated by property tax
identification numbers 1202363000190000 and 1202364000030000, which is expected to be
rezoned MI-PUD ("Adjacent Development Parcel"). The Village further agrees that, except as
provided in Section 4(C) of this Agreement, it will not annex any portion of the Surrounding Area,
if the owners thereof do not consent to rezoning into the OL District.
C. Notwithstanding Section 4(B) of this Agreement, the Village may annex a
parcel or portion of the Surrounding Area, and zone it into the M-I District or the M-3 District,
but only if both the owner of such property, and the Owner, issues their prior written consent to:
(I) rezone that parcel or portion into the M- I District or the M-3 District, as the case may be; and
(2) prohibit truck parking uses on any parcel or portion zoned into the M-3 District. The Owner
may refuse to grant its consent to rezoning all or any portion of the Surrounding Area into the M-
I District or the M-3 District, in its sole and absolute discretion.
D. The Parties acknowledge that, as of the date of this Agreement, that portion
of the Surrounding Area that is located south of 135th Street is subject to an existing boundary
agreement between the Village and the City of Lockport ("Lockport Boundary Agreement"). The
Parties further acknowledge that this Agreement does not permit, and should not be deemed or
100121069.81
interpreted as permitting or requiring, annexation by the Village of any property that the Village
may not annex pursuant to the Lockport Boundary Agreement. This Agreement only applies to
those properties subject to the Lockport Boundary Agreement upon the termination or expiration
of the Lockport Boundary Agreement.
5. DEVELOPMENT/CONSTRUCTION STANDARDS. Any future development of
or construction on the Subject Property shall be in full compliance with the Village of Lemont's
UDO, Subdivision Regulations, Building Code and other ordinances, codes, rules and regulations
of the Village pertaining to the development of the Subject Property, except as may be specifically
amended pursuant to the terms of this Agreement.
6. OWNER'S REQUIREMENTS. The following requirements shall apply to the
development of the Subject Property:
A. Prior to the issuance of any building permit for the Subject Property, the
Owner shall dedicate to the Village as right-of-way or grant of easement that 20 feet -wide portion
of the Subject Property that abuts Smith Road and that 20 feet -wide portion of the Subject Property
that abuts the Com-Ed Right -of -Way to the Village, pursuant to appropriate plans and plats to be
approved by the Village Engineer and the Village Board of Trustees, as depicted in the plat
attached to this Agreement as Exhibit B ("Plat of Easement");
B. Reserved; and
C. At such time as the Village extends its sanitary sewer at or beyond the
Subject Property, the Owner may, in its discretion, connect the Subject Property to the Village's
sanitary sewer and decommission Owner's onsite septic system.
The Village is responsible for all costs incurred pursuant to this Section 6, including, without
limitation, all costs of construction, installation, and connection of any improvements or utilities,
and of preparation of plans or plats, and of third -party fees reasonably necessary to comply with
100121069.81 4
this Section 6. The Village will reimburse any such costs incurred by the Owner within 30 days
after receipt of an invoice therefor.
7. VARIATIONS IN LOCAL CODES. Unless stated in the annexation or rezoning
ordinances pertaining to the Subject Property, there shall be no specific variations from the
Village's ordinances, rules and codes which have been requested or which are permitted with
respect to the development/construction of the Subject Property. The Owner may subsequently
apply for specific variations from the Village's ordinances, rules and codes without amending this
Agreement, provided, however, such applications shall satisfy all standards related to variations.
8. UTILITIES/SERVICES AND PUBLIC IMPROVEMENTS.
A. The Village agrees to provide water service and sewer service to the Subject
Property upon receipt of a written request from the Owner therefor. The Owner understands that
any connection to these Village utilities, public services and improvements shall be done in
accordance with applicable Village engineering standards and the Village Code. All costs related
to the provision of such services, including, without limitation, the construction and installation of
any physical improvements or utilities necessary for such services, shall be the responsibility of
the Village.
B. The Village agrees not to extend any water, sewer, or other utilities south
of 135th Street, or otherwise to serve any portion of the Surrounding Area located south of 135th
Street, during the Term of this Agreement, except that the Village may provide potable water to
those portions of the Surrounding Area located south of 1351" Street that are annexed into the
Village and that are zoned and used consistent with the provisions of Section 4 of this Agreement.
9. EASEMENTS AND UTILITIES. The Owner agrees to grant to the Village all
necessary easements for the extension, maintenance, replacement and repair of sanitary sewer,
{00121069.8} 5
storm sewer, water, street, or other utilities, or for other improvements, subject to the provisions
of the Unified Development Ordinance, which may serve not only the Subject Property, but other
property in the general area, if requested by the Village, which are specified in the Plat of
Easement. Concurrently with the annexation of the Subject Property to the Village, the Owner and
the Village agree to take all steps necessary to approve, and to execute, the Plat of Easement.
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 onsite and otfsite, necessary to serve the Subject Property.
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
respective utility companies.
10. FEES AND TAXES.
A. The Village agrees to waive in full the amount of any annexation permit,
building permit, license, inspection, tap -on, recapture or connection fees imposed by the Village
on the Subject Property, which are applicable to, or required by, Village Ordinances or
Resolutions.
B. The Village agrees not to impose any special service area, special
assessment, or tax -increment financing (TIF) district on the Subject Property unless either: (1) in
its sole and absolute discretion, the Owner has granted its written consent to imposition of a special
service area, special assessment, or TIF District; or (2) in connection with the imposition by the
Village of TIF District on all of the Adjacent Development Parcel, the Village must include all
or a portion of the Suhject Property in order to satisfy the contiguity requirements of the Illinois
Tax Increment Allocation Redevelopment Act, in which event the Village must refund or abate in
(00121069.8) 6
full any increase in property taxes imposed upon the Subject Property due to the imposition of the
TIF District.
11. CONFLICT IN REGULATIONS.
A. The provisions of this Agreement shall supersede the provisions of any
ordinances, codes or regulations of the Village, which may be in conflict with the provisions of
this Agreement.
B. If during the tern of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations of general applicability throughout the community to a land developer or
subdivider affecting the installation of land improvements (streets, underground utilities, sidewalks, curbs
and gutters) upon the Subject Property are amended or modified in any manner to impose additional
requirements on the installation of land improvements within the Village that are more stringent or
restrictive than those in effect as of the Effective Date of this Agreement or as provided by this Agreement,
the burden of such additional requirements shall not apply to the Subject Property.
C. If, during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations affecting the zoning, subdivision, development, construction of
improvements, buildings or appurtenances or other regulatory ordinances regarding the public health, safety
and welfare are amended or modified in any manner to impose less stringent or restrictive requirements on
the development of; or construction upon, properties within the Village than those in effect as of the
Effective Date of this Agreement or as provided by this Agreement, then the benefit of such less stringent
or restrictive requirements shall inure to the benefit of the Owner, and anything to the contrary contained
herein notwithstanding, the Owner may elect to proceed with respect to the development of, or construction
upon, the Subject Property upon the less stringent or restrictive amendment or modification applicable
generally to all properties within the Village.
(00121069.81 7
12. AMENDMENT OF ANNEXATION AGREEMENT. This Agreement and any
exhibits attached hereto may be amended pursuant to the provisions of the Lemont Municipal
Code, UDO, and Illinois Municipal Code.
13. INVALIDITY. If any provision of this Agreement, or any section, sentence, clause,
phrase, or word, or the application thereof in any circumstances is held invalid, the validity of the
remainder of this Agreement and the application of such provisions, section, sentence, clause,
phrase or word in any other circumstances shall not be affected thereby.
14. TERM OF AGREEMENT. This Agreement shall be binding for a full term of
twenty (20) years from the date of this Agreement. Absent good cause from either party, this
Agreement shall renew for successive twenty-year periods.
15. RECORDING. This Agreement shall be recorded by the Village Clerk in the Will
County Recorder's Office at the expense of the Village.
16. APPROVAL This Agreement shall not be effective until the Owner of the Subject
Property affixes a signature to a true and correct copy of this Agreement, acknowledging that it
has reviewed and accepts the provisions of this Agreement. Failure of the Owner to execute this
Agreement shall void the annexation of this property.
17. DEFEND AND HOLD HARMLESS. The Village agrees to defend and hold the
Owner harmless from any and all actions, causes of action, claims, litigation in law or chancery,
attorney's fees, costs required to defend against efforts by anyone to set aside this annexation or
the terns of this Agreement.
18. BREACH.
A. The Village agrees that it will have a continuing obligation to provide sewer
service, water, other Village utilities, and police protection to the Subject Property even if the
(00121069.8) 8
Owner fails to comply with all the terms, conditions and covenants contained in this Agreement.
In the instance of a breach of this Agreement by the Owner, the Village's sole remedy will be to
seek specific performance of this Agreement in a court of competent jurisdiction.
B. In the event of a breach of this Agreement by the Village, in addition to
every other legal and equitable remedy available to the Owner, the Owner will have the absolute
right to disconnect the Subject Property from the corporate boundaries of the Village.
19. NOTICES. Notices or other writings which any party is required to, or may wish
to serve upon any other party in connection with this Agreement, shall be in writing and shall be
delivered personally or sent by certified or registered mail, return receipt requested, postage
prepared, to the other parties of this Agreement.
20. SUCCESSORS. This Agreement shall insure the benefit of, and be binding upon,
the successors in title ofthe Owner, and each of them, their respective successors, grantees, lessees,
and assigns, and upon successor corporate authorities of the Village and successor municipalities.
It is understood that this Agreement shall run with the land and, as such, shall be assignable to and
binding upon subsequent grantees, lessees, and successors in interest of the Owner, and each of
them, and, as such, this Agreement and all exhibits hereto shall be recorded with the Recorder of
Deeds of Will County, Illinois.
(00121069.8) 9
IN WITNESS WHEREOF, the Parties hereto have hereunder set their hands and seals
on the day and year first above written.
Date:
OF
-SEAL
"ILIN0\'*
{00121069.8) 10
VILLAGE —OF LEMONT
ayor, Village of Lemont
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OWNER: t^ate
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By.
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-------------
KIMBERLY A HENDRICK
01KCMl Seal
Notary Public - State of IIIIWIS
My CO.M15,10. Expires Sep 15, 2025
",-a 4�� /-3c1—z 3
STATE OF ILLINOIS, County of SS
I, the undersigned, a Notary Public in and for the said County, in the State aforesaid, DO HEREBY
Jokh
CERTIFY that Ir .9_ U� is personally known to me to be the same persons whose name is
subscribed to the foregoing instrument as such j., s KC appeared before me this day in
person and acknowledged that he signed and delivered the said instrument at his own free and
voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein
set forth, and the said, as custodian of the corporate seal of said corporation, did affix the corporate
seal of said corporation to said instrument, as his own free and voluntary act and as the free and
voluntary act of said corporation, for the uses and purposed therein set forth.
GIVEN under my hand and Notary Seal this 93 day of , /Agr.c 2023.
OFFICIAL SEAL
KAY C. ARGO
Notary Public - State of Illinois
My Commission Expires 06//19/20
Nota(ublic^
(00121069.8)