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HomeMy WebLinkAboutOrd 2895 04/04/1979 . ~ " 4 /--- /. .... . '. . , , ~ ORDINANCE NO. 2895 AN ORDINANCE PROVIDING FOR THE PLANNED UNIT DEVEWPMENT OF PROPERTIES COMMONLY KNOWN AS "THE PETROLEUM TANK. FARMS" WHEREAS, the Zoning Board of the Vil1age of rllount Prospect did heretofore condu t a public hearing under Case No. 81-SU-78 on November 16, 1978. at the hour of 8: 00 p.m. pursuant to a request for a special use in the nature of a planned unit development; and WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did also heretofore conduct a public hearing under Case No. 82-V-78 at the aforesaid date and time regarding a request for variations from the Zoning Ordinance of the Village of Mount Prospect so as to allow the above requested planned unit develop- rnen~ to continue as it presently exists or as expanded as well as to allow such continuance to be deemed to be in conformity with the Zoning Ordinance of the Vill g of Mount Prospect witliout the subject property being subdivided; and . . WHEREAS J a notice of the aforesaid p'ublic hearing was made in the manner provid d by law and published in the November 1, 1978, edition of a newspaper of general circulation within the Village of Mount Prospect; and . WHEREAS, the Zoning Board of Appeals recommended that the development propos d during the course of said hearing be authorized in that it would in no way be detrimental to the Village of Mourit Prospect; and . WHEREAS J the Building Committee of the Board of Trustees of the Village of l\'iount Prospect has reviewed the matters herein and has recommended the approval hereo to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS J the Pre:sident and Board of Trustees of the Village of Mount ProDpeet on December 19, 1978,. did hold a hearing upon a proposed annexatiQn agreement in" the manner 'provided by IHw J which agreement included the aforementioned re- quest for a planned unit ùevelupment; and WHEREAS. the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attained by the adoption of the Zoning Board of Appeals' recommendation under Case No. 81-SU-78 regarding the subject property; and " WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed and approved Resolution. No .329?authorizing the execution of an annexation agreement providing for the development of the subject property as a planned unit development; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OFÑIÖUÑTPkoSPÊC"l'.CÕÔK'êOÛNTY.iiiÌNOIS: SECTION ONE: That a special use permit be and ia hereby granted to allow a petroleum tank farm. depot and pumping station as B planned unit development upon the following described property: That part of Section 23. Township 41 North. Range 11. East of the Third Principal Meridian bounded and described 8S follows: Com- I'" , mencing at the South East cor!1er of the Soûth W~st 1/ 'i or-said, Sec-, . ' tion 23; thence West alo~g the South line of said South West 1/4 a distance of 410 ft; thence North a distance of 670.7 ft; thence West along a line 670.7 ft North of and parallel with said South line to a point 586.25 ft, as measured on said parallel line, East of the West line of said South West 1/4; thence North a dÎstance of 800 ft; thence West a dis~ance of 586.91 it to the West line of said South West 1/4; thence North along said WEst line to the North line of the South 264. 08 ft to the North 825 ft of the North West 1/4 of the South West 1/4 of said Section 23; thence East along said North line to the East line of the West 1/2 of the South West 1/4 of said Section 23; thence North along said East line to the North line of the South 1/2 of said Section 23; thence East along the said North line of the South 1/2 of said Section 23 to a point 1172.95 ft East of the North West corner of the South East 1/4 of said Section 23; thence North at right angles to said North line 60 ft more or less to a point in the South Westerly line of Old Algonquin Road; thence South Easterly and along said South Westerly line of Old Algonquin Road 125 ft more or less to its intersection with the North line of said South East 1/4; thence East along said North line to the East line of the West 1/2 of the South East 1/4 of said Section 23; thence South along said East line a dis- tance of 825 ft; thence West a distance of 339.54 ft to the West line of Elmhurst-Algonquin Industrial Park Unit No.3 according to the plat recorded February 20, 1968 as Document No. 20409121; thence South along said West: line a distance of 1175 ft; thence West a~ong a line parallel to the South line of said South East 1/4 to the West line of said South East 1/4; thence South along said West line to the point of beginning including all portions of roads adjacent thereto and not within any other municipality, ali in Cook County, Illinois. SECTION TWO: That the planned unit development herein and above authorized and permitted shall be 3liowedìri accordance with ~he terIT!s set forth in an annexation agreement between the owners of the above described land and the Village of Mount Prospect, which annexation agreement, entered 'into and execut è December 19, 1978, is attached hereto and hereby made a part hereof as Exhibit . .-' SECTION THREE: That the text of this Ordinance shall be recorded in the Office f the Recorder of Deeds of Cook County, Illinois, upon the execution thereof. SECTION FOUR: That this Ordinance shall be in full force and effect from and ter its passage, approval and publication in the manner provided by law. t NAYS: () BSENT: 0 PASSED this i~~..~ay of ...... ~. APPROVED ì:f¡¡~~.;;,'d¡'y of>/ ~ , 1979. , 1979. ew¿~ ;I ---- Village pJ;sident ATTEST: . '.'.,~ /{ß~ ~, . ~~- Village Clerk . ... . I J::~. , .1 ;. ¡j' fj ; ¡ I ~ i: :1 'i I 1 i ! , I ¡ I ! I l" , ..1 ,,' ,~' .,', . " " ^ '" .. '. ~, r} I ~~L C' . ~\.¡I' f' j' 11/29/78 " ANNEXA T ION A GREEMENT WHEREAS, Marathon Oil Company, Shell Oil Company, Cities Service Company, Texaco' Inc., Atlantic Richfield, Union Oil Company of California, Badger Pipe Line, and West Shore Pipe Line Oil Company, hereinafter collectively referred to as "Owner," are the owners of certain parcels of real estate legally described in Exhibit A (Survey), attached hereto_and hereby made a part hereof; and such property is held in the names of the specific entities set forth in such Exhibit A and such real estate is hereinafter referred to as "Subject Property;" and, WHEREAS, the Village of Mount Prospect, a.municipal corpora- tion organized under the laws of the State of Illinois, herein- after referred to as the "Village" has the power, under State law, to enter into an annexation agreement such as set forth herein; and, WHEREAS, the OWner is desirous of annexing the Subj ect Property of the Village contingent on the provisions of this, Agreement; and, ;.< WHEREAS, both parties believe it to be in the best inter- ests of the.Village and the OWner that the property be annexed; NOW, THEREFORE, for and in consideration of the promise~ and mutual covenants herein made, it is agreed by.and between the Village and the Owner as follows: 1. That the Village will annex, and the Owner will join the Village in the annexation of the Subject Property upon the terms I and conditions set forth in this Agreement. A. Upon the execution hereof" the Owner shall file with the Village a proper'Petition for Annexation of the Subject Property along with a proper Plat of Annexation, containing an accurate map of the Subject Property. B. After passage of the necessary ordinance for the annexation of the Subject Property by the Village, the Owner will pay for the entire cost of and cooperate . /...~~ . ~.....'...~. ~', : ,: -~.~ b. ~ D. It is acknowledged by the Village that the existing provisions of its Plann~d Unit Development Ordinance contemplate the development of property beginning in an undeveloped state. The Village does, therefore, acknowl- edge that Exhibit B (aerial photograph) showing the existing uses, structures, traffic pattern, drainage and open space upon the Subject Property is accepted by the Village as full and sufficient documen~ation describing the content of the Planned Unit Development in accordçmce with the provisions of the Planned Unit Development section of the Village's Zoning Ordinance. E. The Planned unit Development granted shall provide that the portion of the property shown on Exhibit B (aerial photograph) as undeveloped at the date of this annexation or the redevelopment of any other portion of the property may take place without further approval by the Zoning Board of Appeals or the Village Board so long as the development of the pròperty: (1) takes place in conformity with the existing ordinanceS". of. the Villager provided, however, that such ordinances may be modified as provided in this Agreement, and, (2) constitutes a . general expansion of fac~lities currently located anywhere upon the Subject Property or such other uses as.are generally utilized in a petroleum tank farm, depot and pumping station¡ or (3) is developed in conformity with other uses permitted in an I-I Zone. F. It is the intent of the Village and the Owners in entering into this AnnexéitionAgreement to develop and, grant to the Subject Property a special use which by its terms and general scope shall allow all existing uses and structures upon the property to be said to conform with the ordinances of the Village. In addition, the -3- ..¡ ',....",p/ ',/,': -::: ...a '::ir ~" :' .. d~ with the Village in the recording of all documents necessary to accomplish the said annexation of the Subject Property in the manner provided. by law. 2. That upon adoption of the Annexation Ordinance, the .Village will take the following actions regarding the zoning and continuity of use of the Subject Property: A. It will amend Subsection A of Section 14.2201, "Permitted Uses," of Article XXII, "1-1 District" to allow as a permitted use within such district and Subsection A of said Section: . "Petroleum tánk farm, depot and pumping station when developed as a part ofa planned unit development." B. It will amend Subsection B of Section 14.2201, "Permitted Uses," of Article XXII, "1-1 District" by adding additional language to the 46th use excluded in said Subsection B so that the 46th excluded use shall thereafter read as follows: "46. Petroleum or its products, refining or wholesale storage or distribution of when not part of a planned unit development." .' c. Thereafter It will zone and classify the Subject Property upon annexation as being within the 1-1 Light Industrial District with a planned unit development for a petroleum tank farm, depot and pumping station. The terms of that planned unit development shall be such that all existing and similar uses currently being carried on upon the property shall be permitted uses under the terms of the planned unit development and alÍ exi$ting structures currently upon the property as shown on Exhibit B (being an aerial photograph of the Subject Property appended to and made a part of this Agreement) shall be permitted and conforming uses under the Zoning Ordinance and all other ordinances of the Village except to the extent specified otherwise in Section 2G of this Agreement. -2- ~' - .;,;) -t:,- ~,.."""'~"..,.. ¡.~;r~, .. . ?/ " .d--. '1\ " zoning category herein granted shall allow for expansion into undeveloped areas and for needed maintenance, repair, restoration, additions, or modifications of existing facilities and for new facilities or structures as provided in: Paragraph 2D above as "permitted" rather than "non-con- forming" uses under the ordinances of the Village. Piping to and from existing facilities or new facilities may be installed, maintained or moved in accordance with normal practices in the petroleum industry without the need for building permits. In the event that any ordinances of the Village not dealt with in this Agreement should prevent the continuation and expansion of the development set out herein, the Village, to the extent permitted by law, shall modify or interpret its ordinances to carry out the intent stated above. G. The Village acknowledg~s that the structures and uses currently upon the property are in conformance with the requirements of its ordinances except for the follow- ing specific item: the warehouse/office building located .- upon the property owned by Texaco Inc., being in excess of 10,000 square feet, shall be sprinkleredin accordance with the ordinances of the Village of Mount Prospect cur- rently in effect. Texaco Inc., will, within 90 days after the execution of this Annexation Agreement, post with the Village a cash bond or/other security acceptable to the Village in an amount sufficient to guarantee the installa- tion of the sprinkler system. The sprinkler system shall be installed by Texaco Inc., on or before November 1,1979. 3. That any amendments or changes to building,'housing, subdivision, maintenance, fire protection, manning of facilities, zoning or similar ordinances of the Village and including all ordinance changes or administrative regulations or interpreta- tions, which relate to or which seek to regulate any further -4- J, .;'" ~ ~" , . ~, ~ ' r"\ ,~.' . 'construction upon or operations of the Planned Unit Development on the Subject Property sha~l not apply for the term of this .' " ' Agreement to ,the Subject Property without the consent of the Owner.. Provided, however, that if any changes are made to the ordinances or administrative requ~ations which would make such laws or rules less restrictive in their application to other similarly situated property, then the Owner sha~~ be entitled to the benefit of the change if the Owner so elects. The Vi~lage shall issue no stop orders directing work stoppages without detailing corrective action necessary'to be taken by the Owner and setting forth the section or sections of the Village Code being violated~ This Section 3 shall not be construed to limit the power of the Village to apply increases in permit fees of general application to the'Subject Property; provided, however, that such increases in permit fees of ~eneral application as the Village may adopt are applicable throughout the V~lage and no fees relating to the Subject Property shall increase in a greater proportion than the fees qenerally applicable to commercial/industrial construction within the Village. This Section ~ shall not be construed to ap9ly to future amendments of regulations set forth in the Nationa~ Fire Codes promulgated by the National Fire Protection Association (NFPA) or the Building Officials Conference of America (BOCA) Building and Fire Prevention Codes, which amendments as promulgated by these national organizations shall apply to the Subject Property to the extent that such amendments are adopted þy the Village. Provided, however, that if the NFPA and BOCA shall make future amenc;lments which are not adopted by the Village but which are favored by one or more of the Own-ers of the Subject Property, " and to the extent that such amendment may lawfully be made to apply to all or part of the Subject Property, that the Village, -5- <, .' ._,'.., . . ---- ,/, ~ "~ \" .¡ t. 4 ! ,~.. : upon the written request of one or more of the OWners, shall reasonably consider the adoption of such regulation to apply within the territory owned by the applicant for the change. 4. The Village w~ll not charge the Owner for building permits, inspection charges or occupancy permits or any other fees regarding buildings and structures currently on the Subject Property, except for alterations and remodeling to such buildings and structures. s. During the term of this Annexation Agreement, no busi- ness license fees will be charged any of the Owners of the Sub- ject Property or other persons for engaging in any business or occupation identical or similar to that currently being performed by the Owners on the Subject Property. During the term of this Annexation Agreement, no ad valorem or other property tax or any other tax shall be levied against the Subject Property which is not generally levied throughout the Village. During the term of this Annexat~on Agreement, no non-property taxes shall be ap- plicable to any business activity or other occurrence taking place on the Subject Property including but not limited to non- .~ retail sales taxes or.taxes on the incidence of pumping, storing, loading or otherwise transporting, receiving or distributing petroleum products. 6. That the Vill~ge shall not institute any special assess- ments or special service districts within the Subject Property without the written approval of such activity by all of the OWners within the area proposed for the special assessment area or special service district. 7. The village will undertake the fire protection of the Subject Property upon the annexation of this territory and shall bear all costs involved with the delivering of said fire protection services. The Village will provide to the Subject Property such normal fire protection services as are provided within the corporate limits of the Village, and, in addition, -6- " , . f) . ' shall provide such reasonable special services as shall be required to fight petroleum fires. The Village will maintain in a usable condition 550 gallons of aqueous film forming foam commencing thirty (30) days after the date of the annexation of the Subject Property. On May 1, 1979,1980 and 1981, the Village will add to its then maintained or replenished stock of aqueous film forming foam an additional 150 gallons each year, so that at the end of the three-year period, the Village will keep and maintain 1,000 gallons of aqueous film forming foam. Provided, however, that the Village may substitute other materials for aqueous film forming foam provided that such material possesses equivalent fire-fighting characteristics as the aqueous film forming foam and providing that the material can be utilized in the subsurface injection svstems to be installed by the Owner as is otherwise provided in this Agreement, or can be applied to a fire through an application method atìeast'as efficient as subsurface injection which can be utilized with no additional cost to the Owner. Within six (6) months after the execution of this Annexation Agreement, the Village shall retrofit a 19711,000 GPM pumper . " with a ready-.foam supply on the vehicle of 150 to 200 gallons of foam concentrate and the necessary fittings and nozzles for the application of aqueous film forming foam. If the Village of Mount Prospect should at any time during the Annexation Agreement cease or be unable legally to furnish fire protection to the Subject Property or if the Subject Property shall remain in Elk Grove Fire Protection District as a result of legal action taken by said District, then any Owner, or OWners may petition the Village for the disconnection of their territory from the Village and such petition shall be promptly and favorably acted upon by the corporate authorities. Before the ,filing of such disconnection petition by an Owner or OWners, th Village and the Owners shall jointly resist through litigation \ any action which would prevent the Village from furnishing fire -7- .. ~. ,......<,A. ,. ."'---' . ~. '. ~J' protection services to the Subject Property or which would seek to retain the Subject Property within the Elk Grove Fire Protection District. The obligation of the Owners to so resist shall be limited to a period during which the Village is able to furnish fire protection services. Before filing a discon-- nection petition, as a result of cessation of service, the -Qwneror Owners shall be required to serve written notice on the Village that unless fire protection services are restored within fifteen (15) days from the notice, the petition seeking discon- nection shall be filed. 8. During the term of this Annexation Agreement, any utility tax passed by the Village under the terms of the Illinois Revised Statutes or under its home rule powers, whether a tax on utility companies or a tax on utility consumers shall only apply to the Subject Property to the extent that such tax is a general non-graduated tax applicable to single-family residential uses in a like amount as is applicable within the Subject Property. 9. That, upon the execution ~ hereof, the Owner shall guar- antee the installation and completion of the water public improve- ments and roads contemplated herein by posting a Letter.of Credit from a sound and reput~le banking institution in the form attached hereto and hereby made a part hereof as Exhibit C (Letter of Credit), in an amount equal to 110% of the Village Engineer's estimate of the cost of such improvements. A. In lieu. thereof, and at the election of the OWner, and in a form acceptable to the Village, the Village will accept surety bonds running from the OWner to the Village. B. Upon completion of the public improvements' and acceptance of same by the Village Board of Trustees of the Village, the Letter of Credit or subdivision bond -8- ,..>.---- - , ' , j) J. .. ;r'~ '/. . . ... ' .. .' .",1. . , .,' '~ , """:""",,,,""', .: ;,I'~, (as the case may be) shall be released, except'for 10% thereof which shall be retained by the Village for a period of two (2) years after the completion and accept- ance by the village of said ~provements, in order to guarantee against defects in materials and/or workmanship of said improvements. That there shall be no annexation fees charged in con- 10. nection with the proposed annexation other than the fees described hereinabove. 11. The OWner will install a water distribution system upon the Subject property in general accordance with the design set forth upon Exhibit D (the Water Facilities Plan). The specific location, sizes and specifications of the water lines, hydrants and valves shall be subject to final engin~ering review and approval of the village Engineer. The sizing of the water distribution system shall be such as to make available 4500 gallons per minute at a 20 PSI residual p~essure at any point in the looped piping system, and a minimum of 2,500 gallons per minute at each fire hydrant or. dead end main. It is anticipated by,. the parties that piping of 'various diameter will be used throughout the project to provide the require<;i flow. In no case, however, shall the OWner be required to install pipe with more than a sixteen inch (16") diamter. The water distribution ,system and the fire access roads shall be designed by the OWner's Engineer, subject to the review and approval by the village Engineer. In the review and approval of the design, the Village Engineer shall reasonably allow such placement as shall be coordinated with existing and future petro- leum pipes and any other facilities. 12. The owner shall provide fire-fighting. access to the s~ject property ~o~h ~e fi~ l~e ne~ù sho- ~n E~iliit E (The Fire Lane Plan). That Exhibit sets forth the existing -9- .. . ,';Y , c . .,~,,'" //7 roads which may be utilized in their current rorm. All' new' , ~oadS sho~ ont~~~wor~Shal1 ~e çonstructed utilizing . materials 'at least as durable as a~ eight inch (8") stone road over a clay base. The new roads shall be eighteen reet (18') il1 width~ except in those instances shown on Exhibit E (The Fire Lane Plan) where construction or a narrower width will be per- mitted. Existing roads which require repair and expansion and the extent or such repair and expansion are set rorth ,as a . ,legend on Exhibit E (The Fire Lane flan). Afterthe.roads.are . .. . . . . instal1ed~the new roads along with the existing road network . . . . will be maintained by the Owner in a manne~ .to allow the sare andefricientpassage of fire-fighting. and emergency vehicles~ including~ but not limited .to, grading, filling and snow removal. Each individual Owner shall be required to maintain that portion of the.f:tre lane networkexis~ing upon its property. The Owners. may develop among.themselves a methòdof maintaining . . . . , . . . . .. such roads as are used for common. access. ,Where £ire lanes cross. property lines : and are fence,d, the. Owners of the. adjoining property will jointly install gates suf- f'iciently wide to'allow the passage of.a fire truck.. Gates of ., three and one-half reet (3-1/2') in width shall also be installed in fences to allow access to fire hydrants on adjacent land. Any new gates to be installed and all existing gat.es will be . . .' -. .'.. . ,.'. locked with a padlock which can be readily cut, by the Fire. Department in order to provide access to the area. 13. The Owner shall be allowed to continue to use for the 1if'eof' this Agreement 'any and all septic systems currently existing upon the property and to install additional needed septic systems. The Owner may, at its expense, also connect to any availà.ble sanitary sewer system. - 10 - r, 14. The Owner may use existing on-site wells to furnish potable water and for other uses, including, but not limited to, landscape watering., In theèV'eni:-that any. Owner wishes to connect into the water distribution system installed as part of this Agreement, that Owner shall pay such connection or tap- on fees as are presently in force within the Village. No Owner I shall interconnect or mix well water with Village water. 15. The water distribution system and the fire access roads agreed to be installed by the Owner, along with such appurtenan~es as fire access gates shall be installed as soon as reàsonably possible and no later than November 1,1979. 16. The Owner will grant to the Village easements of twelve and one-half feet (12-1/2') measured from the center line of the water distribution system shown upon Exhibit D (The Water Facilities Plan). Such easement shall allow the Village to maintåin and, when required, to replace suqh water lines. easemen ts will be granted wi thin sixty (60) days after the The completed installation of the system. The Village will not be required to allow water to flow into the system or to maintain ! - the system until the easements are granted. The Owner will also grant an easement along Badger Road in order to allow the Village to extend, at some future time, its water system south- ward to Oakton Street. The easement along Badger Road shall be fifteen (l5) feet in width except where such grant would interfere with the Use of the road, in which case, the easement shall be the largest possible lesser width consistent with continuing uninterrupted use of the roadway. After the installa- tion of the water system, the OWner will grant a bill. of sale for the installed water lines to the Village. All easements shall, at the request of the Village be granted by plat. The Owner will furnish to the Village, at the time easements are granted, Das built" drawing of installed water lines, certified to and stamped by a Registered Engineer. -11- .,or .. - r-" , ' 17. Whenever in this Agreement new construction or improve- ments to existing structures are to be accomplished within a stated time, such time limit shall be"extended for such time as the party required to carry out the construction or improvement shall be prevented from perfo:cning the work, due to strike, civil disorder, shortage of material, adverse weather or other conditions beyond his control or where the Elk Grove Township Fire Protection District should file an action seeking to prevent the automatic disconnection of the Subject Property from the District. The extension o~ time brought about by such conditions shall promptly cease at such time as. the adverse conditions are no longer present or the law suit finally determined to have been unsuccessful, and the time for performance shall be accordingly extended for the period of time during which the adverse conditions prevailed. 18. On or before November 1, 1979, the individual Owners with petroleum tanks shall install sub-surface injection systems on their respe~tive properties. The svstems shall be installed so that the Fire Department shall be furnished access into petroleum pipe lines so that aqueous film forming foam or similar products may be injected into the pipe lines through the use of Fire Department equipment. The access points into the pipe lines may be chosen so that a single access ppint shall allow for the injection into more than one petroleum tank. The access points shall also be chosen with consideration given to the availability of water and road surface to the sites. The design of the system shall be reviewed and shall be subject to the approval. of the Village Engineer and the Fire Department. In establishing the number of injection points required to serve any petroleum tank the standards contained in NFP 11 and NFP lIB shall govern. -12- / .~ ./ , .. , . , ' 19. T~e Owners shall pay to the Village within ninety (90) days after the annexation of the Subject Property the sum of Fifty Six Thousand Dollars ($56,000.00r-forthe furnishing by the Village of water through its hydrant system for fire fighting purposes for the life of this Agreement Six Thousand Dollars ($6,000.00) of which shall be due thirty (30) days after the annexation. No additional charge of any kind shall be made for the furnishing of water for fire fighting purposes. Provided, however, that in the event that Subject Property remains within the Elk Grove Township Fire Protection District and is not automaticallý disconnected and the Subject Property is discon- nected from the Village, then $50,000.00 of the amount paid to the Village shall be promptly repaid. 20. That the several provisions of this Agreement are separable and if any court of competent jurisdiction shall adjudge any provision of this Agreement to be invalid or un- 'Ii enforceable, then such judgment ,and such invalidity or unen- forceability shall not affect the validity of any other provi- sions hereof unless the application of the remaining provisions to either p~rtyshall be inequitable. 21. That all provisions, conditions and regulations set forth in this Agreement and the Exhibits attached hereto shall supersede all Village ordinances, codes, or regulations that are in. conflict herewith as ~ey may apply to the Subject Property. 22. That this Agreement shall be effective for a term of ten (10) years from the date hereof. 23. The terms of this Agreement shall bind the Owner, their successor owners ,of record, their heirs and assigns, the Subject Property, the Village the Village's Corporate Officials and their successors in office. The Subject Property is, at the date of this Agreement, owned by at least eight (8) ,individual Owners. To the extent that any obligation assumed by the "Ownern under this Agreement is to be performed on the property owned by -13- ~ Iii . , , " 221\. Without regard to, and with priority over, any other provision of this Agreement if it is found that the Subject Property is not presently conttguouS to the Village as "contiguous" is defined.under Illinois law, the parties will take the following âctions: (a) Rather than seeking annexation to the Village under the provisions of the statutes of the State of Illinois dealing with voluntary petitions, filed with the Corporate Authori ties, by all property Owners, the Owners, herein will promptly petition the Circuit Court of Cook County for the annexation of their property, along with such other inter- vening property as shall render the entire parcel to be annexed contiguous to the Village. The Owners shall pursue'such litiga- t$;:on at their own expense. . . If the Court should find that the petition see~ing annexation is valid and shall request the Corporate Authorities of the Village to vote upon the ." annexation of the property contained in the petition, including the SUbject Property, the Corporate Authorit;ies shall promptly annex the property. In the event that t;he petition to annex is denied by the Court, the Owners shall continue to seek annexation in this or other manners until December 31, 1979. In the event that during this time the Subject Property should become cont~guouS to the Village, the Owners shall promptly file voluntary petitions with the Village seeking annexation under the provi- stons of Chapter 24, Section 7-1-8 of the Illinois Revised Statutes. -13A- .=. r """""""""""'_..'.c.'..~.=, ,,-'-_. ' ..,' . .~ / f~ " ., ," r I I (b) Immediately upon the execution of this Agreement, the Village will commence the furnishing of fire protection to the Subje,ctProperty in accordance with the provisions of the first paragraph of Clause 7 of this Agreement. Such fire protection services shall continue until the Subject Property is annexed or until December 31, 1979, whichever event should occur first. At the time that the property is actually.annexed, fire protection services shall be furnished in the manner other- wise provided in this Agreement. (c) Prior to such time as the Subject Property shall be on the tax rolls of the Village, the Owners shall pay to the Village, for its fire protection services,.the sum of Five Thousand Dollars ($5,000.00) per month or portio~ thereof. Such sum shall be payable quarterly. ,( Cd) In the event that the Subject Property is not annexed to~the Village by January 1, 1979, any items within thi~ Agreement which are required to .. be accomplished.at the time of the execution of ~~is Agreement (except fire protection and the payment therefor as set out in Clause 22A (b and c hérein) shall be extended to the actual date of the annexation. Any items within this Agreement which are required to be accomplished at specific dates shall be extended for a period of time equal to the time between the actual date of the annexation and Januàry 1, 1979. {e} In the event that the Subject Property has not been annexed to the Village, in spite of the best efforts of the parties hereto, by December 31,1979, this ~greement shall be null and void. -13B- ¡ ,,; ~ .,. .'--' -..---... - ",..... ,------ 1J:}J7".".'~.".' . '.- 'Ii ,.. , . ~ .. one Owner herein, such obligation shall be the responsibility of only the Owner affected, provided, however, that the obligation to install the water and road systems set out in this Agreement shall be an obligation in which all Owners shall participate on a pro rata basis. Nothing herein shall in any way prevent the alienations or sale of the Subject Property or portion thereof except that such alienation or sale shall be subject to the provisions hereof, and any new Owner shall be both benefited and bound by the conditions, and restrictions herein expre~sed. 24. This Agreement shall be valid when signed by all of the parties hereto which execution may be made upon separately signed duplicate originals of this Agreement. IN WITNESS WHEREOF, the parties hereto have entered their hands and seals this ~ 9 day of ~~~k , 19 7 &'. . ~ /I,~~~~ Village esident Village of Mount Prospect ~duJ~_~ Village Clerk. APPROVED TEXACO INC. øø~~ Vice President by ATTES~ ~ ~. 11~ ss~s an ere ary .' I:ORh.f /,? J'. -14-