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S-342 - 10/28/1975 - ANNEXATION - Ordinances •r.r: Add4 * I,�RiOK ORDINANCE NO. � 1 . i I AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ;I ANNEXATION AGREEMENT FOR THE DEVELOPMENT COMMONLY REFERRED TO AS "SADDLE BROOD" t !f WHEREAS, a certain form of Annexation Agreement between the Village of Oak Brook, a municipal corporation of DuPage County, Illinois, LaSalle National Bank, as Trustee under Trust No., 46630; LaSalle National Bank, as Trustee under Trust No. 20851; LaGrange State Bank, as Trustee under Trust No. 1472; Chicago Title and Trust Company, as Trustee under Trust No. 60256; The Roman Catholic Diocese of Joliet, a trust; 35th Street Enterprises, an Illinois Limited Partnership, and Saddle Brook Develop- ment Corporation, Inc., a Delaware corporation, has been presented to, read, and considered by the Corporate Authorities of the Village of Oak Brook; and WHEREAS, the statutory procedures and requirements provided in Division 15.1 of Article 11 of the Illinois Municipal Code, as amended, governing the approval and execution of said Annexation Agreement have been fully complied with; and WHEREAS, the Corporate Authorities of the Village of Oak Brook deem the passage of this Ordinance to be in the best interest and in . furtherance of the general welfare of the Village ;f Oak Brook NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE COUNTY, ILLINOIS, THAT: SECTION 1: The provisions of the preamble hereinbefore not forth are hereby restated as though herein fully set forth. SECTION 2: In accordance with the provisions of Division 15.1 of Article 11 v of the Illinois Municipal Code, as amended, the President of the Village of Oak Brook be and he is hereby authorized, empowered, and direcd for and on behalf of the Village of Oak Brook to execute that certain Annexhtion Agree- ment by and between the Village of Oak Brook, a municipal corporation of Du Page County, Illinois; LaSalle National Bank, as Trustee under Trust No. 46630: LaSalle National Bank, as Trustee under Trust No. 20851; LaGrange State JUM-t., as Trustee under Trust No. 1472; Chicago Title and Trust Compam, as Trustee under Trust No. 60256; The'Roman Catholic Diocese of Joliet, a trust; 35th Street Enterprises, an Illinois Limited Partnership; and Saddle Brook Development Corporation, Jnc., a Delaware corporation, in the form presented to, read, and considered by the Corporate Authorities of the Village of Oak Brook, a copy of which Annexation Agreement is annexed to this Ordinance and by this reference is incorporated herein, as though fully herein set forth. SECTION 3: The Village Clerk is hereby authorized and dlt*cted to attest to 1 1 the execution of said Annexation Agreement, affix the Village Seal thereto, wid to certify the passage of this Ordinance, all as otherwise provided by the ordinances of the Village of Oak Brook and the laws of, the State of a Illinois, ST:CTION 4: All ordinances, rules, and regulations of the Village of Oak :Brook which are in conflict with the provisions of this Ordinance are hereby repealed solely to the extent of the conflict. 1 I SECTION'' 5: If any section, subsection,, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such determination . shall not affect the validity of any remaining portion of this Ordinance. SECTION 6: This Ordinance shall be in full force and effect from and- after its passage, approval, and publication in pamphlet form, as provided by law. PASSED and APPROVED this ,�day of 0cLr4.- 1975. . APPROVED: i' /President • ' , ' , ATTEST: Village Clerk S•+ � AYES: Z �, NAYS: © i ABSENT: p APPROVED AS TO FORM: 4_ *illRageAtLto_rney Published in pamphlet form by authority of the Corporate Authorities of the Village of Oak Brook, DuPage County, Illinois, this ±/ day of e"z j i.&j I .j 1975. Villa-go Clork r f ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT FOR THE DEVELOPMENT COMMONLY REFERRED TO AS "SADDLE BROOK" WHEREAS, a certain form of Annexation Agreement between the Village of Oak Brook, a municipal corporation of DuPage County, Illinois, LaSalle National Bank, as Trustee under Trust No. 46630; LaSalle National Bank, as Trustee under Trust No. 20851; LaGrange State Bank, as Trustee under Trust No. 1472; Chicago Title and Trust Company, as Trustee under Trust No. 60256; The Roman Catholic Diocese of Joliet, a trust; 35th Street Enterprises, an Illinois Limited Partnership; and Saddle Brook Develop- ment Corporation, Inc. , a Delaware corporation, has been presented to, read, and considered by the Corporate Authorities of the Village of Oak Brook; and WHEREAS, the statutory procedures and requirements provided in Division 15. 1 of Article 11 of the Illinois Municipal Code, as amended, governing the approval and execution of said Annexation Agreement have been fully complied with; and VSrHEREAS, the Corporate Authorities of the Village of Oak Brook deem the passage of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook, NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE COUNTY, ILLINOIS, THAT: SECTION 1: The provisions of the preamble hereinbefore set forth are hereby restated as though herein fully set forth. 'l• SECTION 2: In accordance with the provisions of Division 15. 1 of Article 11 of the Illinois Municipal Code, as amended, the President of the Village of Oak Brook be and he is hereby authorized, empowered, and directed for and on behalf of the Village of Oak Brook to execute that certain Annexation Agree- ment by and between the Village of Oak Brook, a municipal corporation of Du Page County, Illinois; LaSalle National Bank, as Trustee under Trust No, 46630; LaSalle National Bank, as Trustee under Trust No. 20851; LaGrange State Bank, as Trustee under Trust No. 1472; Chicago Title and Trust Company, as Trustee under Trust No. 60256; The Roman Catholic Diocese of Joliet, a trust; 35th Street Enterprises, an Illinois Limited Partnership; and Saddle Brook Development Corporation, Inc. , a Delaware corporation, in the form presented to, read, and considered by the Corporate Authorities of the Village of Oak Brook, a copy of which Annexation Agreement is annexed to this Ordinance and by this reference is incorporated herein as though fully herein set forth. SECTION 3: The Village Clerk is hereby authorized and directed to attest to the execution of said Annexation Agreement, affix the Village Seal thereto, and to certify the passage of this Ordinance, all as otherwise provided by the ordinances of the Village of Oak Brook and the laws of the State of Illinois SECTION 4: All ordinances, rules, and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordinance are hereby repealed solely to the extent of the conflict. SECTION 5: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance-. SECTION 6: This Ordinance shall be in full force and effect from and- after its passage, approval, and publication in pamphlet form, as provided by law. PASSED and APPROVED this ONO day of 1975. APPROVED: ..� - x , President ATTEST: Village Clerk AYES: NAYS: p ABSENT: p 4-� APPROVED AS TO FORM: t t Village Attorney Published in pamphlet form by authority of the Corporate Authorities of the Village of Oak Brook, DuPage County, Illinois, this 2,1 day of �.. ,;_. . t 1975. Village Clerk SADDLE BROOK Ai:i Ai IOC' AGIZEF ,=TT Final Draft 10/23/75 I N D E X Parties ----------------------------------------- 1 Introduction and Property Description -- --------- 1 - 3 Responsibility ------------------------------------ 4 Annexation and Zoning ----------------------------- 5 Use and Density ----------------------- o Standards ----------------------------------------- g Streets - general --- ------------- - `.. 35th Street ----------------------------- ---- 7 Proposed Meyers Relocation -- - -- ---___ g Existing Meyers Road ------------------------- 10 Fairview ------------------------ -------__- 10 Cul de Sacs 10 Minor Streets Right-of-Way - 10 Private Roads ------------------- ---------- 10 Sidewalks and Pathways -- ------------- - -_- . 10 Street Lighting --------- -------------. -- - 11 Phasing ---------------------------------- 11 Public Improvements ------------------------------- 11 Sewer ------------- -_ __----__--__------__- __ 12 Water 11 2 Ownership of Utility Lines and Easements --------- 13 Schools __________________________________________ 13 Parks --------------------------------------- -- 14 Property Owners Association ----------------------- 4 Utilities ---------------------------------------- L5 Plan =.oDroval .Survival - Pe-r-'or-mance Bonds and Letters o� -- ---------- 15 Fees --------------------------------------------- �a l Exculpation of Corpora to Authorities ------------- i7 Hold Harmless Clause _-__________._---------------� 17 Effect of this Agrecmeni --_- --- -- -----____-- 19 Mlodifications ------------------------------------ Enforceability, ----- --- - --- ------------------- 19 Assignability ------------------------------------ n9 1 Notice �-- --_ ------------- . -------------------- 20 Severability ----------------------------------- --- 2l Execution --------------------------------------- 22 EXH :IBI' TS Ntn-tber Description . 1 Legal Description of Saddle Brook 2 Legal Description of Annexation Tract 3A Legal Description of R-2 Zoning Area 3B Legal Description of R-3 Zoning Area 3C Legal Description of R-4 Zoning Area 4A Land Use Plan (Map) 4B Land Use Plan (Statistics) 5 Street Classification Plan 6 Unit Phasing Plan 7 Utility and Drainage Plan 8 Park District Agreement ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and entered into this day of October, 1975 , between the VILLAGE OF OAK an Illinois municipal corporation, hereinafter referred to as "VILLAGE" ; LA SALLE NATIONAL BANK, as Trustee under Trust No. 46630; LA SALLE NATIONAL BANK, as Trustee under Trust No. 20251; LA GRA14GE STATE BANK, as Trustee under Trust �Io. 1472; CHICAGO TITLE AND TRUST COk,!PA_NY, as Trustee under Trust No. 60256; and THE RO�ILN CATHOLIC DIOCESE OF JOLIET, a trust, (hereinafter col- lectively referred to as "OWNERS") , being the pvmers of all the property hereinafter described on the attached Exhibit 1 (herein- after referred to as the "Subject Premises") ; SADDLE BROOK DEVELOPMENT COMPANY, INC. ; a Delaware corporation (hereinafter referred to as "DEVELOPER"") -and 35TH STREET ENTERPRISES an Illinois partnership (hereinafter also referred to as "DEVELOPER") , pursuant to the provisions of Division 15 .1 of the Illinois Muni- cipal Code (Illinois Revised Statutes, 1971, chapter 24, section 11-15-1, et seq. ) . WHEREAS , OWNERS are the owners of record of the real property described in Exhibit 2 incorporated herein, which is contiguous to the VILLAGE and is not within the corporate limits of any `other municipality (all of which property is hereinafter referred to as the "ANNEXATION TRACT") , and j:P9,ERE.AS, there has been filed with the Village. Clerk of said VILLAGE an Annexation Petition signed by the O?,HERS of record of all land within the AZ�NEY,ATIOti TRACT included in said Annexa- tion Petition, 1t1C Ct��' ,l ldi by `1 f11S ���YE�C?iilf?i , .:li� iil.'i n =?c??:lc, no a �'�F' BUY S r�'1 t�i nir .'., �il o.a i ;� ,a,•� �..:4 = .j 1 1 _ hL'= within the corporate limits of any municipality , but all is in `.. the unincorporated area of DuPage County, and :'_s presently con- �-iguous to the VILLAGE; and WHEREAS , the corporate authorities of the VILLAGE: have con- sidered the annexation -th.e_ TRACT described 'in the said annexa- tion petition; and WHEREAS, the OWNERS and DEVELOPER propose that the Subject Premises be developed pursuant to the Zoning Ordinance of the VILLAGE OF OAK BROOK (hereinafter referred to :as the "Zoning Ordinance") with variations as hereinafter provided by the terms of this Agreement; and WHEREAS, for the purposes of the development of the Subject Premises, the VILLAGE, the O:dNERS, and the DEVELOPER have. agreed to an administrative division of the Subject Premises into three parts , being designated Parcels A, B, and C, respectively (the legal descriptions of which are contained in Group Exhibit 3 attached hereto and made a part hereof) and depicted on the pro- posed Land Use' Plan contained in Exhibit 4A; and WHEREAS , the Zoning Board of Appeals and Plan Comr:,i.ssion of said VILLAGE, being the commissions duly designated by the cor- porate authorities of the VILLAGE to hold a public hearing on the applications of the OWNERS and DEVELOPER to rezone the Subject Premises, as aforesaid, and due notice of said public hearing was published in the manner required by law and said public hearing was held in all respects in a manner conforming to law, and; j•;.HEZEAS, the Zoning Board of Appeals and the P'lan co:TL—7ssio � o� said VILLAGE have made their report and reco.1-nendations _o the corporate authorities of the VILLAGE in accordance with the ordinances of said VILLAGE; and UMEREAS the VILLAGE- finds that the DEVELOnEPu'S plan i, in accord with the VILLAGE 'S desire and intent regarding development of the area; and WHEREAS, all other matters, in addition to those speci=i- cally referred to above, which are included in this Annexat=on Agreement, have been considered by the parties hereto, and it is deemed that the development of Parcel A under the provisions of the R-2 Single-Family Detached- Residence District (Section .TII D of the Zoning Ordinance) ; Parcel B under the provisions of the R-3 Single-Family Detached Residence District (Secti.on. VII E of the Zoning Ordinance) ; and Parcel C under the provisions of the R-4 Single-Family Detached Residence District (Section VII of the Zoning Ordinance) with variations as to lot area of those Dar- ticular lots hereinafter specified and as to area of certain pare sites as hereinafter specified will inure to the benefit an-c: im- provement of the VILLAGE and its residents and will promote the sound plan ping and development of the VILLAGE and will oche; .;ise enhance and promote the general welfare of the people of th` VILLAGE; and WHEREAS, in reliance upon the ordinances, codes and re=ula- tions of the VILLAGE and the execution of this Agreement by :he VILLAGE and the performance- by the VILLAGE of the undertakings hereinafter set forth to be 'performed by it , there has been sub- riCted, I-Ana said Anneyation Petition, r t,I -as aforesai-' to urdllort-'-Itle CL'rti!n 3 hereinafter set forth, and have or will have materially chr.n7ed their posit."ons in reliance upon said ordinances , codes and regulations ; and WHEREAS, it is the desire of the VILLAGE, 01-INERS and ID 'tTELOP-1 that the development of the Subject Premises proceed as con,jenient as may be, and be subject to the ordinances , codes and regu]Lation� of the VILLAGE , subject to the terms and conditions hereinafter contained. NOW, THEREFORE, for and in consideration of the mutual Pro_ mises and agreements herein contained, the parties hereto agree ti.. as follows: I. Responsibility. It is recognized by the parties hereto that there are obligations and commitments set forth herein' u,hich are to be performed and provided for by the DEVELOPER and not by the OUNERS . The VILLAGE agrees that the OWN.- RS as such are excul- pated from any personal liability to perform the commitments and obligations set forth herein except as otherwise herein provided which exculpation shall not, however, include the Subject Premises or the beneficial ot:m.ership thereof to the extent of such banefi- L, cial o,mership interest in the Subject Property; and that the VILLAGE will look solely to the DEVELOPER or its successors in interest for such performance , except, further, that to the extent that the Ot:�LRS or any of them or any successor . in interest thereto shall become a DEVELOPER or shall designate or contract, u;;tZ a developer other than Saddle Brook Development Company., Inc . , then in that case , the OWNERS or their successors or the ne., design^e shall be sub-J ect to the liabilities , commi tents Und 0b? ., of this Agree gent. it is understood that before the 'zT, _G 'Cakes any action ender this A reerrent addressed to the Subject s { it shall give the DEVELOPER and OWNERS ninety (90) days Prior written notice . The DEVELOPER hereby acknowledges thas__ the dona- tions contained in this Agreement are made voluntarily by DEVELOPER and DEVELOPER hereby waives for itself and its succes_ sors and assigns the right to contest at any time in the future the validity or the amount of f i r i �he donations contained in this Agreement . 2. Annexation and Rezonin . The VILLAGE agrees to enact and adopt an ordinance annexing the AI�IIvEiATIOI'I TRACT to the VILLAGE . The VILLAGE further agrees to enact and adopt an ordin- ance rdin- ance rezoning the Subject Property as follows : a. Parcel A shall be rezoned to the -R-2 Single- Family Detached Residence District; b. Parcel B shall be rezoned to the R-3) Single- Family Detached Residence District; C.. Parcel C shall be rezoned to the R-4 Single- Family Detached Residence Distri.ot permitting a minimum lot size of 15,000 sgifare feet in .ac- cordance with subparagraph 3 of. paragraph E in Article VII of the Zonih g Ordinance, . provided how- C3 ever that a variation, for the lot area require- ments shall be allowed as follows : 1) lots nos . 341 through 346, and lots nos . 350 through and including lot no 354 from 15, 000 square feet to not less than 10, 000 square feet; 2) lots nos . 340 and 355 from 15 , 000 square feet to not less than 11,000 square feet ; 3) lots nos . 350 and 357 from 15 , 000 square feet to not less than-1.3, 000 square feet ; 4) lots nos . 347 and 349 _from 15 , 000 sc;ut:re is t to not less than 14,000 square feet; and further provided that a variation for the' minirrurn park aree requirement shall be al lo�•7ed i-7hereby the ninimum area of Park Site A may be reduced from four acres to no less than 3.4 acres , In addition, the VILLAGE. agrees to permit to be developed and tl DEVELOPER and Oi•E3EM agree to develop t:-Le Subject Premises in accordance with the DEVELOPER'S Land Use Plan,. Exhibits 4A and 4S, and the terms of this Annexation' Agreement. 3. Use and Dens. The development of the Subject Pre raises in accordance with the aforementioned provisions of t:he Zoning Ordinance. of the VILLAGE shall permit the development of three hundred seventy (370) single-family residential dwelling v units and the development of a recreational building as herein provided in the areas so designated in- the Land Use Plan, Exhibit 4A. The parties acknotirledge and agree that upon preparation and presentation of final plats, some additional lots may be created which in all respects conform to all of the provisions of the Zoning Ordinance and Subdivision Regulations, . including that of lot area. In this event, and solely to the extent. of such addi- tional lots , the provisions of this paragraph relative to the numnber of lots permitted shall be increased by the number of con;-- forming lots so created. In no event shall the foregoing be construed to permit any non-conforming lots in addition to these specifically designated above in paragraph 2 C, and in no event shall the nufDer of lots permitted to be developed hereuncler exceed three hundred seventy-five (375) single-family lots . 4. Standards. Except as herein secifically Provided,v , tre development of the Subject Premises shall be subject to all o the provisions of the Zo ?n_ - dinance J'c' :?V1Sio Regulations 6 Building Code, and other applicable VILLAGE rules , re;;ulatz.ons , ordinances , and codes in effect from time to time during the course of development of the Subject Premises, including without limitation the amount and manner of payment of all fees expense costs , and charges imposed therein. Notwithstanding the pro1/1- sions as set forth in the ordinances of the VILLAGE, the follow- ing standards shall apply to the development of any portion of the Subject Premises improved pursuant to the approved plan. a. Streets -'- General. DEVELOPER shall provide access to each residential unit and shall provide and improve an interne �- roadway system in accordance with the Street Classification Plan Exhibit 5. Any street right-of-way not already dedicated at the time of annexation shall be dedicated in the final plats of each unit, and the VILLAGE shall accept the dedication of said rights- of-way. Except as hereinafter provided and asprovided in the Street Classification Plan, Exhibit 5 , construction of streets and roadways shall conforms to the ordinances and specifications . of the VILLAGE . b. 35th. Street DEVELOPER shall dedicate a right-of way for 35th Street as shown on the Land Use Plan (Exhibit 4A) . The roadway for 35th Street from Meyers Road to the east lime of the property shall be resurfaced by DEVELOPER in its present location with two inches of Illinois Division of Highways desig- nated I-11 surface or comparable material, said resurfacing to be completed in conjunction with the public improvements otherwise, required in phase four of DEVELOPER'S Phasink Plan, Exhibit 6 hereto . In addition, DEVELOPER shall re;Made di ai ge e ditches and install culverts as required for adequate drainage of that NOW portion of the subject property adjacent: to 35th Street, east and west of Mleyers Road. The detailed plans for said regradin_' and installation shall be presented as part of the engineering docu- ments submitted with a final plat covering a unit containing said lots . Ditches shall be graded and culverts installed on portions of the subject property abutting 35th Street and outside a final plat area where necessary to provide adequate drainage to lots within a final plat area. DEVELOPER shall not; be required to install curb and gutter along 35th Street. As a condition of the approval of the plans for the improve4 ent to 35th Street as he provided, DEVELOPER shall post a bond or letter of credit in a sum sufficient to cover the cost of said improvements. This bond or letter of credit r:.ay be a separate undertaking as to 35th Street, or it may be included in the performance guarantee posted to cover the cost of improve- ments to be made in a final plat area containing lots abutting 35th Street. C . Proposed Meyers Road Relocation. Upon presentation Of its first final plat, DEVELOPER will convey by deed to the VILLAGE the fee simple determinable title to the right-of-way for the proposed Meyers Road relocation (hereinafter referred to as the "proposed roadway") shown on the Street Classification ?la-n, Exhibit 5 . The estate which vests in the VILLAGE, shall revert to DEVELOPER upon the occurrence of any one of the folio-...ring events : 1) the failure to begin construction of the proposed relocaLed ifeyers Road roadway within ten (10) years from the dp to oz this agreement; 2) the failure of the VILLAGE to ,�'J.n cops truedon of the proposed relocated Meyers Road ro`c-,ay :•;; n three (3) years after the completion of the improvement of the roadways of 35th Street and Fairview Avenues by any governmental unit for utilization in lieu of the proposed roadway; or 3) the failure of the VILLAGE to begin construction of the proposed roadway within three (3) years immediately following the prese - tation to the VILLAGE of a final plat tinich includes a minim-u_ of twenty percent (20%) of the frontage abutting the proposed roadway. So long as title remains iri the VILLAGE and until the roadway is constructed, the VILLAGE shall maintain the right-of way as hereinafter provided. Prior to the time DEVELOPER files . a final plat which includes a minimum of twenty percent (20%) of the frontage abutting said right-of-way, the VILLAGE shall main- tain said right-of-way in the same manner and to the same extent that DEVELOPER maintains the property immediately adjacent to said right-of-way. After DEVELOPER files a final plat which includes a minimum of twenty percent (20%) of the frontage abutting said right-of-way, the DEVELOPER shall seed said right-of-way and . thereafter the VILLAGE shall maintain said right-of-way in a sightly appearance. When DEVELOPER begins its eartm-.-ork and grading of the lots adjacent to said right-of-way, the VILLAGE agrees to consult x-7ith DEVELOPER with respect to the impact of said earthwork and grading upon the proposed roadway. In the event the VILLAGE initiates any assessment to cons- truct or improve the proposed roadway, the DEVELOPED, in co?sider- ati_on for the conveyance of the right-of-way to the VILLAGE saa? not be required to make any payments on account of said assess-. .G"It . l d E-xisting Meyers Road. The Di: ZLOPER shall not- be required by the VILLAGE to make any improve"ents to existing Meyers Road, north of 35th Street. e. Fairview Road. The only improvement that will be required of DEVELOPER on existing Fairview Road is the gradfn- or: drainage ditches and the installation of entrance culverts. Ih the event the cut de sac of Fairview Road is to be constructed by the VILLAGE, the DEVELOPER agrees to pay the cost of the construc- tion of said cul de sac. If and when the decision that the VILLAC is to construct said cul de sac is made, the VILLAGE shall so L. notify the DEVELOPER in writing, whereupon the DEVELOPER shall post a bond or letter- of credit with the VILLAGE to cover the cost of said construction. f. Cul de Sacs . Roadway pavements .in cul de sacs street turnarounds may have a minimum diameter of one hundred feet (100 ' ) from the faces of the outside curb-. g. minor Streets - Right-of-Way. The width of the right-of-way for any minor street within the Subject. Premises may be sixty (60' ) feet. h. Private Roads The interior roadx•;ays north o- 35th Street as shove on. the Street Classification Plan (Exhibit 5) shall remain private. i. Setbacks . The front yard of a lot in the 'R- `•. Single-Family Residence District having a tonal area of 15, 000 square feet or .ore shall be not less than forty (40 ' } j . Sidet7alks and Pathr!,a _ The DDT?�O?ER shall not be required to install sidew 1 s . D thereof D VEL0PEa shall provide a pathway system for the Subject _ -nis_s which confo :is to_thy t sho-un on the Land Use Plan, Exhibit 4A, an accordance with the agreement between the DEVELOPER and the Oak Brook Park District, Exhibit 8 hereto k. Street LiQ bhtzn The VILLAGE agree- to permit street lighting to be instal:e,. Clily at intersections and entrant ways. 5. Phasing. The VILLAGE agrees to Permit DEVELOPER to develop the Subject Premises in phases To assist the VILLAGE in its planning to provide municipal services to the Subject Pre- mises , DEVELOPER'S current plan of development is reflected in the Unit Phasing Plan, Exhibit b hereto. Except as to phase seven DEVELOPER, its successors or assigns, shall not depart from this phasing plain without the consent of the VILLAGE, which consent shall not be unreasonably withheld. Final plats for phases subsequent to the initial final plat area shall be filed within eighteen '(18) months after the approval of the previous final plat. In addition, final plats for the whole Subject Premises shall be presented to the VILLAGE within the ten year limitation of this agreement. b. Public Imnroveinents . The VILLAGE. agrees that DEVELOPER shall be required to mane public improvements only r:or those areas which are included in the final plats approved by the VILLAGE,, provided, however, that DEVELOPER shall be required to make t-lose public inproveMents and dedicate those co=non amenities falling within the Subject Premises but outside the area of the riilal plat c•;hich are necessary to provide service and access to �, ------ '"1 '"'v { the area falling wi thi :ch plat. In the event that the final plat for phase I is e presented before somae or all Of the final plats for the ^ace of the subject property , stallation of public improvements for and dedication of amenities upon those portions of the subject premises Virg so�th of 35th Street will not be a condition of final plat approval for phase seven only; it being understood that the final plat for phase seven will in all resPects comply with all of the VILI, GE 'S requirements for approval 7. Sewer. Upon passage of the Ordinances annexing and zoning the Subject Premises as provided herein: the O1ANERS and DEVELOPER shall file a petition with the appropriate Sanitary District or Districts requesting annexation thereto. The VILLAGE agrees to cooperate with the OWNERS and DEVELOPER in this regard and agrees to execute or cause to be executed any document or certificate required as a condition `of said annexation, provided, however, the VILLAGE shall not incur any responsibility or obli- gation by so doing. 8. Hater. The VILLAGE agrees- that on or before June 1, 1976, it will at its cost provide water to the' subject. premises by installing a 12-inch water main to be extended from 31st Street and Meyers Road, south on Meyers Road to the south side of 35t' Street, and from there east to Cass Avenue (hereinafter referred to as "the water improvement" . However., the installation of s-aid water improvement shall not commence until after final plat aparova of Phase One or Seven by the VILLAGE. The DEVELOPER shall have a right upon completion by the VILLAGE to review the plans and soeci- fications for said water improvement . D tT L0PER agrees to pay the VILLAGE two-Thirds of the V T 7 ! F _C� cost of said water improvement as P rovided erein plus interest i the rate of sip per annuim on the outsLandinnr b l Inc` in five installments be-,ir�nin^ c 31 , 1976 'fhe first installment shall be an amount equal to tcn percent (10%) of the principal balance plus interes-�- . installment shall be an amount equal to fifteen percent (15°f) o- the original principal balance plus interest . The last stallments shall be in amounts equal to twenty-five percer- (25/6) of the original principal balance plus interest. As additional security to the VILLAGE , DEVELOPER shall guarantee full payment exit by posting a bond or .letter of credit in the form and substance as hereinafter provided in paragraph 15 , within ten (10) days of the ti. recordation of the final plat for phase one or- phase seven, which- ever is first. 9. Ownership of Utility Lines and Easements , (a) All stoma sewer and water main lines (except water service lines) shall be transferred without cost to the VILLAGE by bill of sale when accepted for ownership, maintenance and operation by the VILLAGE. Permanent easements of total width of ten (10) feet shall be grant.E to and accepted by the VILLAGE for all utilities not in a public -right-of-way, with the exception that necessary per-manent easement: for storm sewer, water drainage and detention area may have to exceed ten (10) feet, in which case the width shall be a..-e u : a T p o by the parties . (b) Tne detention areas shall be constructed generally in the areas shown on the Utility and Drainage Plan, Exhib t 7 , and in accordance w1th the VILLAGE ' S requirements in effect at the time of construction. 10. Sch-0016 DEVELOPE a shall contribute a total sw.4 of Fi"-Y-Two Thonsand Dollars (a32 , GCO . 00) to bL dividUd a,- ;�:,g tn.e --- — school d=s; ricts .having jurisdiction over the subject Said contr ib-�tion shall be made through an escrow Chicago Title and Trust t Company for that purpose Wi th , t r ` irs deposit being made therein on the first d` z day of r-ury us t ._o Z? the issuance of the first occupancy perm it tor a unit in cGdLe Brook. On that date and on each August 1 thereafter until " occupancy permits have beer. issued for the Saddle Brook D-Veloa ment, DEVELOPER shall deposit $140. 54 (conputed on the basis of Fifty-Two Thousand Dollars [$52,000. 00] divided by the 370 pro- posed units) for each occupancy permit issued for a 'unit it Sadd' Brook for the previous year. Should the total number of units zl L Saddle Brook be more or less than 370, then an adjustment in the donation shall be made in the final year. As and when the contributions shall be made into the escrow the escrowee shall be directed to disburse the funds at the sole direction of the four school districts . 11. Parks The DEVELOPER shall dedicate appraYi::.atel y 9. 4 acres of the Subject Prenises to the Oa k Brook Park District and towards that end has executed an agreement with the PaYk Dis- trict, Exhibit 8 hereto. Park sites A and B. (hereinafter. referrec to as "co_ 1011 open lands") as shown on the Land Use Plan 4A) shall be conveyed. to the Homeo�,mers ' Association for use as parr: lands prior to the recordation of the final plat for that portion of he subject property containing said sites . 12 . Pro—,t,--,t 0umyrs Association , DE�;�LOPER -G1-1 to - vide L Or the maintenance Of CO:manion Open lands and any recr E_ �^ t L faC11iti�� clubhouses ,es, clubhouses , and p Lhways there o�1 by p r t_j C---­ers Association" . li2E' prOVlSiJnS -O_l 0:,Tnors association agreement am any covenants used - '- i forcement , insofar as they relate to such maintenance and the means of providing funds there"or, shall be submitted . to the Vli,. L Board as part of the supporting data for each final plat area, shall_ be subject to approval by the VILLAGE. Title to all commc open lands shall be held by the Property 07:mers Association. Thi property Owners Association may also own , Operate, maintain and control clubhouse facilities which may provide for recreation an( social activities. It is. understood that the VILLAGE Shall have the right to enforce those provisions of the Property Owners Assc ciation agreements relating to the maintenance and provision fo-r common open space, pathways and recreational facilities . ti 13. Utilities . The on-site utilities shall be located in accordance. with the Utility and Drainage Plan (Exhibit 7) , subjec however, to VILLAGE approval of final engineering plans. 14. Plan or Plat Approval Survival of Duration Limitation. The parties hereto recognize that all of the Subject Premises may not be developed within the duration limitation imposed by this Agreement. Notwithstanding said duration limitation, the approva of any Plat shall survive the said duration time limitation in order that DEVELOPER may, with all reasonable diligence , pursue the completion of the development in accordance with the orovi- sions contained in the zoning ordinance to be passed pursuant to this Agreement, provided, however, that such development shall be completed not more than three (3) years from suc?a plat approval. . 15. Performance and Payment Bonds and Letters of Credit . In lieu of any bonds or cash escrow deposits for public i prove m_ents , the DLVELOPEr� (with the consent of the VIL I--',GP• , why ch con sent w.111 not be unreasonably t•;iLhheld) , may finish to th-` VILL?C an irrevocable co: erci-I leLT_-er Of- credi-L certifyin that ads- quite funds are and Will re r:.An available at a sound and a recut- banking or financial institution authorized to do in the State of Illinois , acceptable to and in fo m and substance approved by the VILLAGE. Such irrevocable letter of creci-- s a13 be in effect for the length of time required for bonds or o bar guarantees and shall be in a form which shall allow the U :_AGE to procure the funds irrevocably committed to complete the re- quired public improvements if construction of said improvezdrl�s shall be in default. Said security shall be limited to the ' aiour; required for those• portions of subdivisions which have received final approval by the VILLAGE. Except as otherwise provided, all such deposits may be reduced in amount as work is completed under the following conditions : a. Ii a single deposit is posted covering all public improvements within a plat area, upon complet-,on of the roadways, said deposit may be reduced to an amount equal to fifty percent (50%) of the cost of the completed work for a period of one year after acceptance of Li-_ improvenient ►)y i'h VILLAGE. '. b. If individual deposits are posted for sewer and watenworks improvements , said deposit shall be cancelled after one (1) year from the date of acceptance of the improvements by the VILLAGE. C. Tr- an individual deposit is posted for Roadwa1 improvements, upon completion of said roadways , said deposit may be reduced to an amount ecLa1 to fifty percent (50%) of the cost of the co__- pleted work �`or a period of one (1) year afte_ acceptance of the improvement by the VILLAGE . In addition, the parties hereto agree that any perfo1,tance or co:-pletion and payment bonds required under the provisions 0 this Agreement shall be guaranteed by a surety acceptable ton in such form and substance approved by the VILLAGE . All s:,,:c h bonds shall otherwise confoi-m to the ordinances of the VIL1__G , . 106 . Eees . DEVELOPER will reimburse the VILLAGE for costs of a:torneys ' fees incurred by the VIt.! ACE for the �o•`�a- tion and preparation of this agreement, and for the nreaara�-' o { f of any ordinances or ot:-�--r ,: ,c ;:.; is necessary to implement tni s agreement. Said payment shall be made upon presentation motion to DEVELOPER of an itemized statement. 17 . E.>culpation of' Corporate Authorities : The parties acknowledge and agree that the individuals who are members of the group constituting the Corporate Authorities are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their individual . capacities . 18 . Hold Harmless Clause. DEVELOPER and OT-WER, their suc-- ces_sors and assigns, agree to defend and hold harmless the VILLAGE from any and all claims which may arise out of* the negligence or willful misconduct of DEVELOPER or OWNER, their agent's, employees - and subcontractors in the performance of their development and construction activities under this Agreement. DEVELOPER will deposit with the VILLAGE a certificate of liability insurance, the form of which to be approved by the Corporate Authorities, in the amount of at least $1 , 000,000/$5,000,000 covering such development and construction activities including the VILLACE as an additional party insured. Such insurance shall be writ een by a stock company rated by Best Reporting Service as "A.AAAA" or better with a Best. General. Policy Holder rating of "A'` or better . Such certificate of liability insurance and a copy of the insur- ance policy or policies shall be deposited with the VIL'sGE before the co-immencement of any such work., The policy shall provide a ten (10) day "prior notice of termination" provision in favor of the VILLAGE . In the evert that as a result of this Agreeme at , or any r actions taken as required hereunder, the VILLAGE, 1.s Imn'-,C! a -,,arty �- defcncl nt in any litigation arising by -reason of tr�is Agree- ent, by any party other than an 01-INER or person claiming :5y, or under any OWNER, and other than DEVELOPER or any person clGira- ing by, through or under 'DEVELOPER, DEVELOPER, jointly and sever- ally, agrees to defend and hold harmless the VILLAG and tr,e President, Trustees, officers and agents thereof; individually and collectively, from any suits and from any claims, demands , set-offs , or other action reduced to judgment, arising therefrom. The obligation of DEVELOPER hereunder shall include and extend to payment of reasonable attorneys ' fees for the representation of the VILLAGE and its said officers and agents in such litigation and includes reasonable expenses, court costs and fees; it being understood that DEVELOPER shall have the right to employ all such attorneys to represent the VILLAGE and its officers and agents, in such litigation, subject to the approval of�the Corporate Auth- orities of the VILLAGE,, x•7hich approval shall not be unreasonably withheld. DEVELOPER shall have the right to appeal to tour-s of Appellate jurisdiction any judgment taken against the VILL_uC-E or its officers or agents in this respect. ' The VILT AGE agrees , (a) to give written notice to OWNER and DEVELOPER prourptly from time to time of any claims or possible claims and of any litigation filed against the VILU',GE or any or the officers or agents of the VILLAGE who may seek to bene=it by the urovisions of this paragraph, and (b) to cooperate and -o cause any of the officers or agents of the VILLAGE C•zo may seek to beneL-it by the provisions of this paragraph to cooperate in deiending any suc h l- tigation, including :,.ithout li Citation =he giving o.f such testimony and delivering such docuntentati.on _s —ay be reasonably requested by OWNER and DEVELOPER or tll?eir att--o neys_ 19 . Effect of this Agreement: It is the agreement of the parties that if any pertinent existing resolution or ordinances or interpretations thereof, of the VILLAGE be in anywise incon- sistent or in conflict with any provision hereof, then the provi- sions of this Agreement and the ordinances passed in pursuance hereof shall be considered lawful and binding upon the parties hereto, their successors and assigns, as they may relate to the Subject Premises. 20. Modifications , In the event that O'NNERS and DEVELOPER wish to modify this Agreement, the VILLAGE agrees that such re- `' quest for modification may be submitted to the VILLAGE Board and shall be processed by the VILLAGE in accordance with all applicable rules, regulations, ordinances and codes of the VILLAGE_- If said_ request is denied, the reasons for such denial shall be stated in writing with the OWt1ERS and DEVELOPER then having the right to submit a corrected application. 21. Enforceability. This Agreement. shall be binding and enforceable in any court of competent jurisdiciton by any of the panties hereto, successor owners of record of land which is the subject of this Agreement, lessees , and upon any successor muni cipal authorities of said VILLAGE and successor municipalities for a period of ten (10) years from the date of execution hereof. 22. Assignability. It is understood that this Agreement shall run with the land and, as such shall be assignable to and binding upon subsequent grantees and successors in interest; provided, hoviever, that any such assignment or succession shall not take effect until the expiration of a period of forty-fire (45) days after receipt" by the Village of �- r.itten notice of such assignment or succession . 23. Notices . Notices or other writings w1lich any party is required to, or may wish to serve upon any other Da::ty in connc:c Lion with this Agreement shall be in writing and shall be delvero personally or sent by certified or registered Nail, return receipt requested, postage prepaid, addressed as follows : ` a. If to the VILLAGE or CORPORATE AUTHORITIES : Village Clerk Village of Oak Brook 1200 Oak Brook Blvd. Oak Brook, Illinois 60521 with a copy to `- Mr. Alfred P. Bianucci, Attorney at Lac? 230 west Monroe Street Chicago, Illinois 60603 b. If to DEVELOPER or OWNER: Saddle Brook Development Company, Inc, 120 South LaSalle Street Chicago , Illinois 60603 with a copy to Burke and Weber Attorneys at Law 111 West Washington Street Chicago, Illinois 60602 `�..- or to such other address as any party may from time to time desig- Hate in a written notice to the other parties . 25 . Severability. If any provision of this Agrce-nen` is held invalid, such provision shall be deem,aed to be exerc �scd x therefrom: and the invalidity thereof shall not affect any Of the other provisions contained herein. It is expressly unders_cod that the zoning classifications and the variations set fort: in Paragraph 2 hereof which have been or shall be approved by she VILL14GE pursuant to the provisions of the VILLAGE 'S Zoning Ordi- nance shall survive this Agreement' and shall continue to be the zoning classifications of and the zoning variations applicable ` ��-- to the subject property as delineated in said Paragraph 2. IN WITNESS UMEREOF, we have set our hands and seals on this day of 1975 . VILLAGE OF OAK BROOK, a municipal corporation By ATTEST: President Village Clerk LA SALLE NATIONAL BAN,,K, as Tr,-as t under Trusts Nos . 4663.0 and-'208:- • j� C LA GRANGE STATE B NNJ as Trustent under Trust No. 1472 By C C TITLE �L';' t.RO CHICA as Trustee under Trus : .l-o_ �V By i <, r ,\ ,� 1 SADDLE BROOK DEVELOP11,15E-NT COZTAN.Y,. I; By ATTEST: Presi ent Secretary THE ROMLN CATHOLIC DIOCESE OF JOLIET, a Trust By Successor Trustee 35TH STREET ENTERPRISES , an Illinois Partnership � By Partner a - i j i I f 1 fi 1 I I I II f