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Home My Public Portal AboutOrdinance 1950` • ti . .. ~..,~ 6 , ~. MARY pNN STUKEL 12P Ordinance No.1950 Will County Reoord~r W111 Counl,y R 200004239 Page i of 12 ARH Date 04/Z6/2000 Timo 13:08:28 R~cordinq Feeee: 23.00 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND NICK BERNARDI PIN # 1--27-303-003 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 That all ordinances or parts thereof in conflict herewith are hereby repealed.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 farce and effect from and after its passage and approval as required by law. This Ordinance shall be numbered as Ordinance No. 1950 PASSED THIS 3rd DAY OF April ., ';2000. AYES: Smolich, Calabrese, Cherry, Collins, O'Connell. NAYS: 0 ABSENT: Rathbun APPROVED THIS ~r~ DAY OF April , 2000 VILLAGE PR SIDEN ~~TTE~T'' - <~" ,~ ~ - Y'C , - _ ~ { ~, . VI~;LAGE G~~-LE„ ~- ~ .' i _..;~ s ~- y ~' , ~. ~.a;, PREPARED BY AND RETURN TO: VILLAGE OF PLAINFIELD 530 w. LOCIiPORT STREET, Suite 206 PLAINFIELD, TL 60544 11-12-99 ANNEXATION AGREEMENT FOR Nick Bernardi THIS ANNEXATION AGREEMENTr is entered into this 20 day ofDecember , 1999, by and between the Village of Plainfield, an Illinois municipal corporation (hereinafter referred to as "Village'), and Nick Bernardi (hereinafter collectively referred to as "OWNER") for all property described in the Plat of Annexation marked Exhibit A, attached hereto. WITNESSETH: WHEREAS, the VILLAGE is an Illinois municipal corporation; and, WHEREAS, the OWNER is the owner of record of the real property legally described in Exhibit "A" (said property referred to herein as the "SUBJECT PROPERTY") and 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 adapting 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. 3 ^~ ±,~ ;,~ .,.E ~.~ ,. N ~ i'~ ~~~ ~ ~ ..~' NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, it is hereby agreed as follows: 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. The OWNER agrees that within seven (7) 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 after the execution of this Agreement, or within thirty (30) days of contiguity, whichever occurs first, 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 ORI, (Office, Research, and Light Industrial District). OWNER agrees 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 "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 OWNER agrees 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 OWNER agrees to comply with the Village Ordinance on land/cash donations for park and school sites. The OWNER agrees that park land dedications will be provided directly to the Village. If cash in lieu of land is to be provided, the OWNER agrees to pay the applicable contribution per unit at the time of the building permit issuance. a~ v +`t 7 i% 5. LIBRARY IMPACT FEE. The OWNER agrees 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 0.97 acres of the SUBJECT PROPERTY described in Exhibit A is currently within the FPA (Facilities Planning Area) of the VILLAGE. 7. WATER AND SANITARY SEWER FEES. Connection fees required for connection to the VILLAGE'S sanitary sewer and water supply system will be those fees that are in effect at the time of connection. These fees cannot be pre-paid. $. RECAPTURE FEES. Upon development, the OWNER 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 OWNER, 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 OWNER 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 often (10) years from the date of adoption. of said ordinance with 4% interest payable to the OWNER 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 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 far commercial development, payable at the time of building permit issuance. ~5 ,, ..~ 10. FORESTATION. Should the current structure be expanded the OWNER shall meet all Village Landscaping requirements and requires the submittal of a complete landscape plan and site plan approval. 11. VARIANCES. No variances will be necessary to develop the property. The only variance necessary for the existing building is described and attached as an. Amendment, Exhibit C. 12. MISCELLANEOUS FEES. All 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 the OWNER under this agreement. 13. 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. 14. EXHIBIT C. Any modifications to the VILLAGE'S standard annexation agreement provisions are set forth in Exhibit C. The OWNER 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. 15. DORMANT SPECIAL SERVICE AREA (SSA) The OWNER agrees to the Village enacting a dormant Special Service Area (SSA) to act as aback-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. 9~ ~.. d..., t,. 16. 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. 17. 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 OWNER and their grantees, lessees, assigns, successors and heirs. 18. 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. 19. 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 nat affect the application ar validity of any other provision, covenants, agreement ar portions of this agreement are declared to be severable. 20. 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. 21. 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. /n ~'~ i..„, 1„~ ....E ~ s,.~ ~'i s;~ ! w,~ ~'. 22. NOTICE. Any notice ar 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 530 W. Lockport Street, Suite 206 Plainfield, IL 60544 Terry L. Burghard Village Administrator 530 W. Lockport Street, Suite 206 Flainfield, IL 60544 With copies to: Jinn Harvey, Village Attorney McKeown, Fitzgerald, Zollner, Buck, Hutchison & Ruttle 2455 Glenwood Ave. Joliet, IL 60435 If to any owner of record of any real property located within the subject property, or the OWNER: Nick Bernardi 1916 Wright Blvd. Schaumburg, Illinois 60193 With copies to: Nick Pantazopoulos, Agent 381 Tanoak Ct. Bartlett, Illinois 60103 Or to such address as any party hereto ar 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. t~ THE VILLAGE OF PLAINFIELD OWNER: a Municipal Corporation BY ~ rL.L,c-G~' ` :Village resi ent ~` ,~ ,. ~ - s w :~~ ~~ C, ~ >= B~ r_ ~ ~-, ~u, ~ age .1 s ,~ F . ' ~1~~ k ,.~ 1:'~~ P9 a A'~~ ~~.,~ lid.' 9~. .... s~~ ,. P .:. ~.f Exhibit "C" The Village permits a variance for interior side yard setbacks froze 30 to 12.5 feet for the current structure. 2. The furniture store currently located on the site will be permitted until the termination of its current lease on September 30, 2003 or non-utilization of the building for a furniture store for a period of six (6) months. Upon the end of the lease or upon the building not being utilized for a furniture store, the parcel. of land shall conform to the permitted uses of the ORI district. The Village agrees that the Owner of the subject parcel and its successors in title shall at no time be required by the Village to connect to Village water and/or sanitary sewer systems unless the Village identifies environmental and/or public health. concerns that would require such connections. Should the site ever connect to the Village sewer and/or water the owner will pay the connection fees and any associated costs in effect at the time of connection. 4. The Village agrees to waive the annexation fee identif ed in item number nine (9) of this agreement. d i~ ~ ~ ~ .,1 .$ yn y: ;~'=> > r. ~, _ ; (( k. i `: _ .i ~ ~~ .~ n ~ i~c~ai c~; ~ h ~v 5. i'., ~ .: x ~~ _ ~ ~ ;. ps ~ ~:~„ ;~ `~• m y :~. v In c~ J n ~ j r ~rc~n g;n _ ;u; - ,m„ ' + ~' r <i, z. 7" ~~ y AUG 2 7 t~y9 yiI,1.AGE0~ ~1AfN~lElp -~ a z: i ~ of i. .C. 'l~ n _' ri t - i~' ~ : ~~ ia~ ._ Y ;~i ~ c1 r-~ r> r~~. ~- _~ .ai .n i i n• . . ~~ ci ~~ - c... i 'r, ~S' ~/ .. ' .. '\.. ~n :7 ~ ~ _ ( ~:. . ..,. r i ~. ' ~~,.,~ ,,, r.. . ~„ i ~~ ia' ~i~ rx i~. ~-3~'~ r ANN~XATIDN 11flAP PJ09~AR~D Rti4 ?Ad 7$ivlGf~' QP ~ i~d.G ; I~JJ-4aL7 LEGAL LtESC/p/Pi70iW LOT !a5 /H WiaLi C~9EEK 1Np(/51711,4~L P//A~ /// SfBIlLMIL;r EST.~ITkS, BL77YiG A SIJPAN/S/ON pi P~UfT O/~ 71JIF SO!/7Y1i~$T Ql+(AATFI ANO /Vb/f~ST O4G1/P7~A Of SECT/GN ~~ ~q~yp ~7, I&0/1/6E a fr/ST QF tJ/F TJVI/YD PI9I)NG/P.Q,L ~/~/•4K, ACCONL~I//YrB T17 lJ9EE iJ[.i1T 7x/EAEDP /9L?~9DL+,~ ND{/, f9, f,~p wa ooex/~r~ NvaBLy.. rllaoarvs~ /N fY1LL CDUNTi- P.OY ,~ f-.T~70~.fA9J iD9YEA714A60 1fi~ / 'Kid .• ///i//ii,'~~~// i/ r ~ /ice i ' ' ~~~%:''"~~%%: .. ' INDUSTRIAL DR N . . J / ~v/ '////fi/,jam/~/ / ~ ii''r/ ~ir / ~ ~ ~ i ~ ~// ~~~~~ /////~// W ~ ~ // ////iii/////// i/ SEA h83 ' ~ i ~~///iiii~~~'/ ii h2g .J s ~ f ~/i ~ii i' ~ / . i iiii~'i ;~~~~/.,,,~ /~ ~ ~~. ~ ca~GY~a7 rya Cn ~ ` ' i'' '''/ P a / ~ / iii //~/ i ~ ~ / ~~~ //~~ ~ i//i /~ 1-~B 189 / /f// / ///i•i // ~ ~ ~ ' ~ / ice, ~ i / / / / ~ ~ ~ ''~ ~ ""'~~~ ; - INDUSTRIAL DR ~ .,,, ~ // , , j / / / / / / / / / / / / / , S ~ ~ / ~ / / / / / / / / 1 / / i /// ~ao~nsEO ar~ruvcanoru ® ~cisrnu~ vtu.A~ unerrs NT5 ..•~;~an~o0ve~r~n035on\3501at25,dan Mar. VILLAGE DF PLpINFIELD BATE ROBERT E. HAMIC.TDN 3-7-00 CGNSULTII~TG ENGINEER5 PC. PpaJECT No- JO7+TET.IC.L7N~YS 003506 o~~~N~..~~,~'°~:,ti~ Q1