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HomeMy Public PortalAboutOrdinance 2003 Ordinance No. z o 0 3 MARY RNN STUKEI 11P W111 County Rsoordsr Wtll County R 2001003308 Page 1 of 11 RAC Dats 01/10/2001 Tims 08:49:81 Rsoordlnq Fsss: 22.00 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND HARRIS BANK AND TRUST, AS TRUSTEE UNDER TRUST NO. 4932 PIN #0~-o1-z~-1o~-001;0-o~.-z~-ion-ooz;o~-o~-z~-ion-oo~ WHEREAS, an Annexation Agreement, a true and exact copy of which is attached hereto as Exhibit "A", and by reference thereto incorporated herein, has been submitted to the Corporate Authorities of the Village of Plainfield by the owners. WHEREAS, a public hearing was held before the Corporate Authorities of the Village of Plainfield, after publication of notice, upon the proposed Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: Sec. 1: That the President and Village Clerk are hereby authorized and directed to execute the aforesaid Annexation Agreement for and on behalf of the Village of Plainfield, Illinois. That all ordinances or parts thereof in conflict herewith are hereby repealed. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. This Ordinance shall be numbered as Ordinance No. z o 0 3 (III ' • ' 1 "~. i' 4 ~ M1..~ 'W PASSED THIS 2nd DAY OF October , 2000. AYES: 6 Rathbun, Smolich, Calabrese, Cherry, Collins, O'Connell NAYS: 0 ABSENT: ~ APPROVED THIS 2nd DAY OF October , 2000. VILLAGE PRE ID NT ATE' ~~: i ~~1~ - ~Y ,~ ~ M T ";` VILLAGE~LE rg +_` ,~ N."'"' - n ~ ~- ,~ :.r ; ; Prepared by/Return to: VILLAGE OF FLAINFIELD 530 West Lockport Street 2nd Floor, Suite 206 Plainfield, IL 60544 a 6-16-00 ANNEXATION AGREEMENT FOR Prairie Bank and Trust Co. (Development Name) THIS ANNEXATION AGREEMENT is entered into this 20th day of November , 2000, by and between the Village of Plainfield, an Illinois municipal corporation (hereinafter referred to as "VILLAGE"), and Prairie Bank and Trus~llereinafter collectively referred to as "OWNERS"), for all the property described in the Plat of Annexation marked Exhibit A, attached hereto. WITNESSETH: WHEREAS, the VILLAGE is an Illinois municipal corporation; and, WHEREAS, the OWNERS are the owners of record of the real property legally described in Exhibit "A" (said property referred to herein as the "SUBJECT PROPERTY"), the Plat of Annexation and the legal description, attached hereto and hereby incorporated and made a part of this Agreement, which is not within the corporate limits of any municipality and which constitutes the subject premises to be annexed to the Village; and WHEREAS, the SUBJECT PROPERTY is contiguous or may become contiguous with the corporate limits of the VILLAGE; and WHEREAS, it is the intention of the parties that the annexation of the SUBJECT PROPERTY to the VILLAGE be upon the terms and conditions of this agreement; and WHEREAS, in accordance with 65 ILCS 5/11-15.1-1 et seq. of the Illinois Compiled Statutes and pursuant to lawful notice, the VILLAGE has placed this Agreement before the public for comment and hearing by its Corporate Authorities; and WHEREAS, the VILLAGE, by its Corporate Authorities, shall consider an ordinance adopting this Agreement in the manner provided by law; and WHEREAS, the adoption and approval of this Agreement is an exercise of the powers vested in the VILLAGE by the Illinois Compiled Statutes. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, it is hereby agreed as follows: I~3 1. INCORPORATION OF RECITALS AND EXHIBITS. The foregoing recitals are hereby incorporated into the body of this agreement as if fully set forth and repeated herein. Any exhibit referred to in this agreement and attached hereto shall also be considered incorporated herein by express reference. 2. ANNEXATION AND ZONING. OWNERS agree within seven ("~ days after the execution of this Agreement to file properly executed petitions for annexing and zoning said premises, if said petitions have not already been filed. Within thirty (30) days of contiguity the VILLAGE agrees, ,pursuant to requisite notice having been given, and in accordance with law, to enact and adopt ordinances annexing and zoning the premises designated in Exhibit A, attached hereto and made a part of this Agreement, to zoning classification B-3 OWNERS and DEVELOPER agree that the Subject Property shall be developed in accordance with the ordinances of the VILLAGE, as approved or subsequently amended, and agree to follow all of the policies and procedures of the VILLAGE in connection with such development except as modified in this Agreement and shall develop the Subject Property in accordance with the Preliminary Plat, which is marked "Exhibit B," attached hereto and made a part of this Agreement. 3. PARK AND LIBRARY DISTRICT ANNEXATION. Upon annexation of the Subject Property to the VILLAGE, the OWNER agrees to file petitions to annex the Subject Property to the Plainfield Township Park District and the Plainfield Library District. The OWNERS agree to annex the SUBJECT PROPERTY to the Plainfield Township Park District and Plainfield Public Library District with 30 days of contiguity with the Districts. 4. PARK AND SCHOOL DONATIONS. The OWNERS and DEVELOPER agree to comply with the Village Ordinance on land/cash donations for park and school sites. 5. LIBRARY IMPACT FEE. The OWNERS and DEVELOPER agree to pay the applicable contribution per unit, as set forth in the inter-governmental agreement between the VILLAGE and the Plainfield Library District. The fee will be paid at the time of building permit issuance. ~~ 6. WATER AND SEWER SERVICE. VILLAGE represents and warrants that the ~ acres of the SUBJECT PROPERTY described in Exhibit A is currently within the FPA (Facilities Planning Area) of the VILLAGE or if not presently in the FPA, the Village will submit all required applications to include the SUBJECT PROPERTY into the Village's FPA. All application and associated casts to amend the FPA shall be the responsibility of the DEVELOPER. 7. WATER AND SANITARY SEWER FEES. Connection fees required for connection to the VILLAGE'S sanitary sewer and water supply system are as established by Village Ordinance. All sanitary sewer construction requiring an Illinois Environmental Protection Agency construction permit, upon receipt of required IEPA Sewer Permit, but before any sewer main construction, the property owner or owners shall be required to pay the Village the total sewer connection fee for the entire area served by said permit. The population equivalent stated on the IEPA permit shall be the basis for calculating the required connection fees. Substantial sanitary sewer construction shall begin within ninety (90) days of receiving required IEPA sewer construction permits. S. RECAPTURE FEES. Upon development, OWNER or DEVELOPER shall be obligated to pay any recapture fees as applicable to the annexed property for municipal water, sanitary sewers, storm water, roadways, traffic signals or improvements or any other improvements as set forth in 65 ILCS 5/9-5-1. VILLAGE may adopt any necessary ordinances to provide for recapture to OWNER for streets, water, sanitary sewer or storm sewer lines constructed by OWI~TER, which benefit other properties by the installation and/or over sizing of said improvements. Such recapture ordinances shall only be adopted upon satisfactory demonstration by the OWNERS or DEVELOPER that the recapture is fair and equitable and that provision of notice of the proposed recapture fees is provided to affected property owners, The determination that a proposed recapture is fair and equitable shall be solely that of the Village. Any recapture ordinances shall be for a maximum of ten (l0) years from the date of adoption of said ordinance with 4% interest payable to the OWNER or DEVELOPER commencing two (2) years from the date of completion of said improvement. An administrative fee shall be charged at the rate of two percent (2%) of the total recapturable amount payable to the VILLAGE to cover administrative costs of the recapture agreement. 9. ANNEXATION FEES. The OWNER and DEVELOPER agrees to pay an annexation fee to the VILLAGE of $2,000 per gross acre for any residential development or $3,500 per gross acre for commercial development, payable at the time of the time of final plat or if no platting is necessary, prior to building permit. 15 10. FORESTATION. OWNER and DEVELOPER will provide one (1) parkway tree for each interior lot and three (3) parkway trees for each corner lot. All parkway trees shall be 2'/z-inch minimum caliper measured 2 '/~ feet from the ground. At least 2 additional private trees will be provided on each lot no less than 2-inch diameter. Commercial properties require the submittal of a complete landscape plan and site plan approval. 11. ARCHITECTURAL DESIGN PROVISIONS. The OWNER and DEVELOPER agree to provide a variety of architectural designs for residential dwelling units for the purpose of discouraging excessive similarity between units, including but not limited to single family, duplexes, and multi-family developments. The OWNER and DEVELOPER agree to establish appropriate policies and procedures to provide distinction between surrounding dwelling units for the purpose of anti-monotony as defined in Exhibit C. 1~. VARIANCES. Na variances will be necessary to develop the property. (If variances are required, they shall be described and attached as an Amendment, Exhibit C) 13. MISCELLANEOUS FEES. A11 other fees provided for by ordinance and uniformly applied and collected in connection with the development of the property within the corporate limits of Plainfield, except as otherwise specified in this agreement shall be applicable to the subject realty. Payment of all fees due under the Village Ordinances, together with the posting of any and all letters of credit and other guarantees shall be apre-condition to the approval by the Village of any final plan, plat or site plan submitted by OWNERS and DEVELOPER under this agreement. 14. AMENDMENTS. This agreement, including the attached exhibits, may be amended only with the mutual consent of the parties by a duly executed written instrument. In the case of the VILLAGE, the written instrument may only be in the farm of an ordinance duly adopted in accordance with applicable laws. Modifications subsequent to this Agreement's adoption shall require a public hearing and procedures consistent with law. 15. EXHIBIT C. Any modifications to the VILLAGE'S standard annexation agreement provisions are set forth in Exhibit C. The OWNERS, DEVELOPER and VILLAGE agree that should any conflicts between Exhibit C and the text of this agreement exist, the provisions of the text shall supersede those of Exhibit C. 0~ 16. DORMANT SPECIAL SERVICE AREA (SSA) Owners and Developer agree to the Village enacting a dormant Special Service Area (SSA) to act as a back-up in the event that the Homeowner's Association fails to maintain the private common areas, private detention ponds, perimeter landscaping features, and entrance signage within the Subject Property. 17. ENFORCEMENT. This agreement shall be enforceable by any action at law or in equity, including actions for specific performance and injunctive relief. The laws of the State of Illinois shall control the construction and enforcement of this agreement. The parties agree that all actions instituted on this agreement shall be commenced and heard in the Circuit Court of Will County, Illinois, and hereby waive venue in any other court of competent jurisdiction. Before any failure of any party to perform any obligation arising from this agreement shall be deemed to constitute a breach, the party claiming the breach shall notify the defaulting party and demand performance. No breach of this agreement shall have been found to have occurred if performance is commenced to the satisfaction of the complaining party within thirty (30) days of the receipt of such notice. 18. EFFECT OF SUCCESSORS. This agreement shall be binding upon and inure to the benefit of the VILLAGE and its successor municipal corporations and corporate authorities. This agreement shall be binding upon and inure to the benefit of OWNERS and their grantees, lessees, assigns, successors and heirs. 19. CONSTRUCTION OF AGREEMENT. This agreement shall be interpreted and construed in accordance with the principles applicable to the construction of contracts. Provided, however, that the parties stipulate that they participated equally in the negotiation and drafting of the agreement and that no ambiguity contained in this agreement shall be construed against a particular party. 20. SEVERABILITY. If any provision, covenant, agreement or portion of this agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provision, covenants, agreement or portions of this agreement this agreement are declared to be severable. 21. EFFECT OF THIS AGREEMENT. The provisions of this agreement shall supersede the provisions of any ordinances, codes, policies or regulations of the Village which may be in conflict with the provisions of this agreement. 4~ 22. DURATION. This agreement shall remain in full force and effect for a term of twenty (20) years from the date of its execution, or for such longer period provided by law. 23. NOTICE. Any notice or demand hereunder from one party to another party or to an assignee or successor in interest of either party or from an assignee or successor in interest of either party to another party, or between assignees or successors in interest, either party shall provide such notice or demand in writing and shall be deemed duly served if mailed by prepaid registered or certified mail addressed as follows: If to the VILLAGE: Richard A. Rock Village President 23145 W. Lincoln Hwy Plainfiield, IL 60544 Terry L. Burghard Village Administrator 23145 W. Lincoln Hwy Plainfield, IL 60544 With copies to: Jim Harvey, Village Attorney McKeown, Fitzgerald, Zollner, Buck, Hutchinson, & Ruttle 2455 Glenwood Ave. Joliet, IL 60435 If to any owner of record of any real property located within the subject property, or the OWNERS: Prairie Bank and Trust Co. Attn: Bradley M Stevens, President 7661 S Harlem Ave Bridgeview, IL 6Q4S5 With copies to: Prairie Bank and Trust Co Attn: Nancy ugh, Vice-Presient axu ie , S44 Or to such address as any party hereto or an assignee or successor in interest of a party hereto may from time to time designate by notice to the other party hereto or their successors in interest. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written ~~ THE VILLAGE OF PLAINFIELD a Municipal Corporation BY Vill ge P sid ATTEST: r BY Village Cler Yv ~~~ i( y ~: ~tw~ y ~ `~ `~ rJ l~l~ W f ~lV~ `r ~ M ~ ~tJ ~, f ~ y . - ~~ 4 ~ mow, .r / "r / of ~j~V ~A c N ~ '1 OWNER: 6q g~ °~ J~ o n ~ ~~ ~y ~ ~ ra ~ ~7 ~ ti Rrarrdrr "~ 'g' ~ 4 g will CWI+ ~ - - ' ~ wtll ceuncv a a ~ am Page 10 of 11 = w ... $a R X1003308 Q ~ ~_ ~~ RRC Drf.+ 01/10/2001 Tllnr 06145¢1 ~ ~F ~~ 22.00 ~ n.. 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