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HomeMy WebLinkAboutRes 32-78 12/26/1978 *i .~ :\c' Rl,;SOLUT10N NO, ,~2-7~L A RESOLUTION DIRECTING THE EXll;CUTfON OF AN }.l.NNEX.1\ TION AC\REEN\ENT REGULATING THE ANNE:!~ATI0N OF PHOPERTY LOCATED UN lY1APS .}1'-8. 44-S. 45-8, 4ti-S 1 ~~.ND ;;7-8 OF THE ZONING ORDINANCE UF THE VILL.AGE OF l':1CIJNT PH.OSPECT ~-_.-_..._....-.._..-----~ WHEREAS. the Corporate .Authorith-}s of the ViHI.,"g:0 of ::dount Prospect on December 19, 19'/8, at thG h.')ur or 8: 00 p.In, , did hold 9. pubJ.5c hf'..:aring upon tlJe proposed Annexati.on Agrz}ement for the regulRt:~.on of th0 annexation of certain property to the VTGage of lViount Pr.ospect, ~vhich p1.'operty is located on r-lar:G 11-S. 44-8, 45-5, 46-8 unO. .n--5 iu the Zoning Ordinance of the Villui.;0 of 1\1ount r:..'ospect; and WHEREAS. 8. nvtice of said public:, hearing waG publisI1Gd in the De!.~ej.lbp.r ~l, 19'18, I;;dition of a newspaper of g'enerallJirculation within the "',,tillage of T,loun.t ProspGct; and WHEREAS, notice has been gh;';'~D. D.:nc. a public he2.l'ing was held on Novem:)>.?l' If), 19'i8, at 8: 00 p. m. , before the Zoning Bns.:ed of Appec:.l~ of the Villaf.;e of r-r01.1.nt Prospect with respeet to eertain r'(~z()ning to be agreed v.pan in the aforeme:-:.tlon2d AnnelG1.tion Agref:m8nt; and '\VHEREAS, the Corporate Aut:lOriUes of the Village of Mc/unt Prosped believe that rmch Annexation Agreement is in th~-:! best interests of tht~ Villags> of Ilihmnt Prof:;pect; NOiN. THEREFORE, HE IT R.ESOLVED BY THE :MAYOR AND BOARD OF T:F::0STEES OF THE VILLAGE OF MOUNT PIlOSPECT, COOK COU:,iTY , Jl~I,l.i';OIS: ~ESTION. ONE: That the PrQsk~(;;\( (',;,' (he Boanl of Trusts:;€;S of frj.e Village of i\lount Prosped is hereb:/ ::J1..ithGl'tzed to 8ign mlu theViUage Ch.'1'k of the 'Vmag!3 of Mount Pr(~[SI>~~:;t is 1181-el):.T e..utl'lOl'lZPct to att(~st tl:,~ l~j~lllZXf;~ti~)rl Ag~t~eE:r;'lr~n.t rttfu:i€ 8. })F~r.t and E:.tt~3.Ched hereto w; .Exl1ib:Lt I. whieh .Am:.f.~xution Agreement, pursuant to the visions Df Division 15.1 of Artide II of Chapt.al~ 24 of the Illinois Revised StHtutes, nhe.11 regulate the annexation of the f01l0'Nir1g' clesc.ri1>3d pro2c1'ty; Tbat part of Section 23. Towpship 41 North, Rtmge 11. Best of the T!1ird Princi.pal :/lcridian bounded and described as follows: Com- mH!,dng at the South East cornei' of thf, South Wes1: 1/4 of said Sec- tion 23; theneli-: West along the South line of said South '/Jest 1/4 a distance of 410ft; thence No:rth a distance c.f 670.7 ft; thence Went Dlorq; a line 6'/0.', f~ Nm.'th of Rnd par!lHel .~,,rj.th said Soutb line to a po:nt 588.25 ft, as meRsuI'ed on said pUl'8.11elline, Ee,st of tb.e West line of said f'outh \Vest 1/4.; thenc,e :North a distance of 800 fL; thenCi;j West u;:hstp:r:ce of 586,91 it to fI"l€ West l1nE~ of said South W e~,t 1/4; thence Horth along said WEst line to the North line of the Soutr~ 26'L 08 it to the NQrth 825 ft of the North West J./ 4 of the South Wost 1/1.1 .f' ,..' , C~r.t':. 2')' +1...-""0 ~..,.~t', p'l~"'ff ""~l'ri xro....t.....!ine YQ .qlCo P<i-'~ . :: OJ. S,i..J~Ct ~:-t;~ "'~hH1 .....~, ....;:~.:J.~(;::.. .f':,(.t::-> ...:J..i.\IJ.16 uO. \.t..L"i .'. J.l ~ ,t.'__ l.... c;. .....JU'.t.:H.. line of the West 1/2 of the South West 1/ -1 of said Scetio:! 23; thence :r-::orth ::lIon:!, ~"'J.id East line to the North line of the South 1/2 of said Section 2:'';; thence E~wt aloI12: the said North line of the South 1/2 of said Section. 28 to a point 1172.95 ft Rast of the North West COTn'?l' of th:? South East 1/ ,1 of said Section 23; thence North at right ang}es to said Nc:rth line 60 ft rnore or less to a point in the South Westc:r'J.y . line of Old Algonquin Road: thence South l~a:;t8rly and along said South Westerly line of Old Algonquin Road 125 it 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 Hne a distance of 1175 ft; thence West along 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, all in Cook County, Illinois. SECTION TWO: That the said Annexation Agreement shall be binding upon the cessor o"Vvners of record of the above described land which is the subject of the said agreement and upon successor municipal authorities of this Village of Mount Cook County, Illinois. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: 5 NAYS: 0 ABSENT: 1 PASSED this day of December ----, 1978, 26th APPROVED this 26th day of December a______' 1978, //' t1 /1 / C(j;w't,,~ lY 'e/;~?C~_-,-_ Mayor t ATTEST: t'. -fl. ~/ '. "' . /' .'7 7 j' . .-'v' VI" ~_... _. ~ ,.",(2.1 i'.' {...to../' .--.,;z;" Z; d7?".. ~-../' Village Clerk ~2- /' f~~~,- 11/29/78 'L.:::~i ...... .,.oO<l ~> ANNEXATION AGREEMENT 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 heret~_and hereby made a part hereof; and such pro~~rty_ is _ he ld 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 Subject 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 promises . and mutual covenants herein made, it is agreed by and between ~"v ~ Cf) ~ 1. That the Village will annex, and the Owner will join thetO r:~O Village in the annexation of the Subject Property upon the terms 55 the Village and the Owner as follows: and conditions set forth in this Agreement. A. Upon the execution hereof, the Owner shall file with the Vi11age a proper' Petition for Annexation of the Subject Property along with a proper Plat of ~nexation, 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 ,/ I~~~,- 11/29/78 , \~'~i___ .,-"", '.:') ANNEXATION AGREEMENT 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 heret~_and hereby made. a part hereof; and such prop"erty. is ~?~_ld 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 Subject 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 promises . and mutual covenants herein made, it is agreed by and between J'\':' ~ en rJ'"; 1. That the Village will annex, and the Owner will join the~ e~() Village in the annexation of the Subject Property upon the terms Ch ~ the Village and the Owner as follows: and conditions set forth in this Agreement. A. Upon the execution hereof, the OWner shall file with the Vi~~age a proper' Petition for Annexation of the Subject Property along with a proper Plat of ~nexation, 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 - -..- ---_.~~,.""..'~._~"'"~.._--~---_.~-....~~'=""''''''''_.,'''''''''",..,,~-...''''~.--.--.-~~--~^""_._.^ ,G' :): ,.;1 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, "I-l District" to allow as a permitted use within such district and Subsection A of said Section: , . "Petroleum tank farm, depot and pumping station when developed as a part of a planned unit development." B. It will amend Subsection B of Section 14.2201, "Permitted Uses," of Article XXII, "I-l District.n 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 I-I Light Industrial District with a planned unit development for a petroleum tank farm, depot and pumping station. N ~ ~ tJ') e.o to ~ Q) under 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 the terms of the planned unit development and all existing 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- ~"""":/"'.O"""""'.";~.."",~~'."7."~''''''''_''~~".''''''''.~___'''''.~.~.~=,,..=~..'''''..~?l>=-:'"","""",_",,,,,,,,,,,~.~..-.-_..______._~_..__~,"_ ; y D. It is acknowledged by the Village that the existing provisions of its Planned 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 documentation describing the content of the Planned Unit Development in accordance with the provisions of the Planned Unit Development'section of the Village's Zoning O~dinance. 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 property: (1) takes place in conformity with the existing ordinances of the Village; provided, however, that such ordinances may be modified as provided in this Agreement, and, (2) constitutes a . general expansion of facilities 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. z'V jf;' ('\\l-\ ,~~ ',)J/ J c.o (:.0 (i5 F. It is the intent of the Village and the Owners in entering into this Annexation Agreement 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- 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 acknowledges 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 rently in effect. Texaco Inc., will, within 90 days after l\: 1<,(;:; (J (j' .~ CJ ~ ex of 10,000 square feet, shall be sprinklered in accordance with the ordinances of the Village of Mount Prospect cur- 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- construction upon or operations of the Planned Unit Development on the Subject Property shali 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 regulations which would make such laws or rules less restrictive in their application to other - similarly situated property, then the Owner shall be entitled to the benefit of the change if the OWner so elects. The Village 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 general application as the Village may adopt are applicable throughout the Village and no fees relating to the Subject Property shall increase in a greater proportion than the fees generally applicable to commercial/industrial construction within the Village. This Section 2 shall not be construed to apply to future amendments of regulations set forth in the National Fire Codes promulgated by the National Fire Protection Association (NFPA) or the Building Officials Conference of America (BOCA) Building and .;.". t-.i ~ 00 .~ e,O e.f~ ",r;.. ,-sf J Ct,) 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 by the Village. Provided, however, that if the NFPA and BOCA shall make future amendments which are not adopted by the Village but which are favored by one or more of the Owrrers 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- . .--.-......_,,_,._ ~_.~w".,~,."""....,,_~__..___"""'.~,=_~>..., "'_''''.,.."______~_.~,_"...''',.,''"_~''''~..,,.~."'=''''''''_.~..~._~_,,__...~...__~__. ._ 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 will 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 buildiugs and structures. 5. During the ~erm of this Annexation Agre~ent, 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 Annexation 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 pet~oleum products. 6. That the Village shall not institute any special ;(\; ,~ assess~ ij';; C/) ;'."'. ~:~ ~ ~ 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- 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 ~njection 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 at least 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 1971 1,000 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 "...\ , . ,f' ~ Q ~ P; ',,,,, t:1 o Q 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, the Village and the Owners shall jointly resist through litigation any action which would prevent the Village from furnishing fire -7- . ." ~'-'-'~'-'''.'----'-'"--'~''''-'-"'---''''",. '-'.""C:""'~_"'=""_""""''''''''''''''''~''''''~'''''''''_''''''''__'''''$""",",.....""",,,,,=.,.""'7"""'.<."'.'.";."...c"".,....=~,,="w=~..,-=""",.,,"=,,."'_~'"_.~____~.___.____._. 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 "Owner or Owners shall be required to serve written notice on the Village that unless fire protection services are restored within fifteen (IS) 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- rnents and roads contemplated herein by posting a Letter of Credit from a sound and reputable 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 ('0 h~ (Z) O'j t.f) tJ') ~ ~ 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- -_....,_.-.---~-_.,-,------_.~---,_.._--~- --_._-~--~. -"--~,, -._.._-....""-"~;"'_.,'~-'"'..~"'...,..."'="",.,'-.,=;-,,-.,,,.,..,.~.:i".:."-""""""'...,~.,",...""".,,.~"""'m',_~I"'.>t . (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 improvements, in order to guarantee against defects in materials and/or workmanship of said improvements. 10. That there shall be no annexation fees charged in con- 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 engineering 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 pressure 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 required 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 Vill~ge Engineer shall reasonably allow such J j; ( ~I "- ~ " f.... placement as shall be coordinated with existing and future petro- leum pipes and any other facilities. c c 12. The Owner shall provide fire-fighting access to the Subject Property through the fire lane network shown upon Exhibit E (The Fire Lane Plan). That Exhibit sets forth the existing -9- , . Slf 'b" I/~;fjt; (I I. V' . roads which may be utilized in their current form. All new ~~ . on ttte ~ network shall be constructed utilizing roads shown ,materials .at least as durable as a~ eight inch (8") stone road over a clay base. The new roads shall be eighteen feet (18') in width, except in those instances shown on Exhibit E (The Fire Lane Plan) where construction of a narrower width will be per- mitted. Existing roads which require repair and expansion and the extent of such repair and expansion are set forth as a . .legend on Exhibit E(The Fire Lane Plan). After .theroads are installed, the new roads along with the eXisting road network . - will be maintained by the Owner in a manner to allow the safe and efficient passage 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 rire lane network existing upon its property. The Owners may develop among.themselves a method of maintaining such roads as are used, for common.access. Where :fire lanes cross property lines'and are f'ence.d, the Owners of the adjoining property will jointly install gates suf- ficiently wide to'allow the passage of a fire truck. Gates of three and one-half feet (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 gates will be . locked with a padlock which can be readily cut, by the Fire Department in order to provide access to the area. {!.~. ~~, 0') ~. ct) t~ ~ 13. The Owner shall be allowed to continue to use for the life of 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 available sanitary sewer system. . 10 --..----..-~~-.'.',.,~~.~~~'ll":.,'''',''''''I[~;''':;,...,.:';___.~..''''=-'""''''"''''':''''=''''^'''~_7C , ' 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 the event 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 shall interconnect or mix well water with Village water. IS. 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 reasonably 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 maintain and, when required, to replace such water lines. The easements will be granted within sixty (60) days after 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 ::<c ~, \, , ~ (,)'j O'j t,f) C,f) ~ C1J Village to extend, at some future time, its water system south- ward to Oakton Street. The easement along Badger Road shall be fifteen (IS) 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, "as built" drawing of installed water lines, certified to and stamped by a Registered Engineer. -11- "'~--"'-"''''~'~-~~~''--'---'-'---'''''---'''''''''''''''',"""c.~''",",",-",.''A<':"'%>"~'=""'=""'''''~'''''''-'-'~'~''~-'''''~~-'''''''"'~'''"''"~'''''''''"'='t'''=-<t:<:>;"~''''''=.""""",,,._.._._.__,____..___....___.. 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 performing 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 of 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 respective 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 point shall allow for the injection into more than one petroleum tank. Thei\J f~ access points shall also be chosen with consideration given to ~ ~ the availability of water and road surface to the sites. The ~ aJ design of the system shall be reviewed and shall be subject to au the approval of the Village Engineer and the Fire Department. In establishing the n~~er of injection points required to serve any petroleum tank the standards contained in NFPAll and NFPAIIB shall govern. -12- ~---------~_.'.'--~---'._>--"'-_''l.>'"'~~~~~--''"'''''.';;t:='''~''_'''''"''''''''''''''''''''''=>'-~~'''-~._'~=='='<''''''''''''''''N~_~__~.._.._~__________ 19. Tne Owners shall pay to the Village within ninety (90) - days after the annexation of the Subject Property the sum of Fifty Six Thousand Dollars ($56,000.00) for the 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 automatically 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 provision~ of this Agreement are separable and if any court of competent jurisdiction shall adjudge any provision of this Agreement to be invalid or un- 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 party shall 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 23. The terms of this Agreement shall bind the Owner, i:\di ~~, ,"';;'\ '::.,lfJ ~. {!) tJ:) CfJ (J) ten (10) years from the date hereof. their successor owners of record, their heirs and assigns, the Subject Property, the Village the Villagers 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 "Owner" under this Agreement is to be performed on the property owned by -13- -"---'-'-"""""-"-""""""7'O""'~'="'===O'''''_~,,,..~~/IW'~:>!:'.>7';;''_'''=""-"~"""'.""""""";''';;''''''=,,~~,~~'~=-=;>,.mo.~~'__~.=~_.=""""''''"',.....,._,........_____~<__~"_.__.____,~_.,___ . ~ '" ~: 22A. Without regard to, and with priority over, any other provision of this Agreement if it is found that the Subject Property is not presently contiguous to the Village as "contiguous" is defined under Illinois law, ,the parties wi,ll take the fOllowing actions: (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 Authorities, 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 pe 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 seeking 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 Authoritjes shall promptly annex the property. In the event that the petition to annex is denied by the Court, the Owners shall continue to seek annexation in this or other 1:\d .~ ell .{1j 1'."'- """"" c.o O"J Cfj manners until December 31, 1979. In the event that during this time the Subject Property should become contiguous 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- ---"-'~""<-~'"'.'..""""~""-"""""''''''''''''''='''''''''''''''''~'''>''".~.=,,=.c=--,.,.,=C=I"1'~1.''''!'''''''-~.=",j,.'''''!,,;'_.^,._., '_'~'_"'~'"""""~'l'!==",=~~""".',.",."".,..,.,.."",~')!~ .,. " ';. '. " (b) Immediately upon the execution of this Agreement, the Village will commence the furnishing of fire protection to the Subject Property 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,OOO.OQ) per month or portion thereof. Such sum shall be payable quarterly. (d) In the event that the Subject Property is not annexed to the Village by January 1, 1979, any items within this Agreement which are required to be accomplished at the time of the execution of this Agreement (except fire protection and the payment therefor as set out in Clause 22A (b and c herein) 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 N ~ 00 ~ f.J:) t.t'; ;":lJ CIJ of time equal to the time between the actual date of the annexation and January 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 Agreement shall be null and void. -13B- ~"W_"-_.CO''''''.'''.''n."".,.~~_"",."""..".,,,,,,,,).....,.~__,,,,~,<:,"""*''''_'''=.==-~.=~==="",,~==~,..~~~ .,. f'_ . .. ..: .., ,J-- . " "," 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 expressed. 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 part~s. heret~. have entered their hands and seals this~,1 day of Fd;JD7>-t--j~(..'L--- , 19 7S . ~~ j/. K~ Village resident Village of Mount Prospect N'. :, \ t, ~ "~." '.)i)fJ ~ tJ.). e..o r:J ctJ ~VJ,~ V1.llage Clerk 89669SVG Cf1nd1-<<) Owner ~ President Badger Pipe Line Company j, _"l ,{;;.. '// (\ ."/i>-....'i nf~ ''''',.q "" r,,-... . 1. 0> '\(?~ ..., ..,. _~n_ . .~-- -:..:::..?-".----=-....-z.-/~-....-__-.<__..;;__..- )(ttest f~:' S ~ ~::;. ;"~;' ~. f ;.~. :~'.G r: :.. I:''', i c /' /}7 &~ ~ . , I . " I ,. I ': ..; ~...~ .. (, o "~; ~= ~,; I' ,"~ t ;~J ~)~'__!.; -14-, 1\ !'N ':.{;7 l \; .," .:.'.::.,c ;" I 9',. , ~1{r~'.1 U'.'I"