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HomeMy WebLinkAboutRes 03-71 04/06/1971 RESOLlJTION NO. 3- 7 J RESOLlJTION PJlPROVING PJ-lNEXATION AGREErilENT H.lHEREAS, there has heretofore been submitted to the Village of Homt Prospect a certain proposed J\n..'lexation Agreement by and beb\1'een .Unity Ventures, Inc. and LaSalle National Banlc) as Trustee mder Trust Nos. 31535 and 40666 and the Village of VIount Prospect) pursuant to t..lJ.e provisions of Division 15.1 of Article XI of Chapter 24 of the Illinois Revised Statutes; and WHEREAS, a date for heariIlg on said J\nnexation .Agreement \lJas fixed by the corporate aU~lorities of the Village of Momt Prospect; and WHEREAS, notice of the proposed P.rll1oxation Agreement ",as given i.TJ. the marmer provided by law; and l'JHEHEf\S) a public hearing upon t.l1e proposed Annexation Agreement and the zoning) classification, special u.ses~ and variations provided for therein, was held by the corporate authorities of the Village of r:ount Prospect on rilarch 31, 1971; and WI-ffiPEAS) the notice has been given and. a hearing held on said Annexation Agreement by the Plan Commission and the Board of Appeals of the Village in all respects i..."1 the m<mner required by the statute in such cases made and provided; NOW, THEREFORE, BE IT RESOLVED BY 11IE PRESIDFlU' AND BOAHD OF TRUSTr:iliS OF 1HE VILLAGE OF 1!J.OUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the proposed l\p.nexation Agreement by and between IJni ty Ventures, Inc. and La Salle National Bank, as Trustee under Trust j\Jos. 31535 and 4066 and t.'he Village of Haunt Prospect, an Illinois l'i!unicipal Corporation, a true a."'1d correct CG:;:y of whicb. Agreement is attad'ted hereto as Exhibit I and :made a part hereof, be, and the same hereby is, approved. SECTION TWO: The Village President and Village Clerk of the Village of Momt Prospect be, and they are hereby auth.orizec1 and directed to execute said Armexation !..greement on behalf of the Village of Nount Prospect. SECTION THREE: This P.osolution shall be in full force and effect from and after its passage and approval L'1 tJ1C manner provided by lmv. AYES: 6 NAYS: 0 /# P.l\SSED i\ND fJ'PROVED TI-IIS D^Y OF , 1971. ATTEST: A ' pC/I ?:J;/&~~:rL~~~c-_~ 71] lllage Clerk ,Cd:' ../!'k.c~:"L...,,~j}~ Village President ,.. ,.,/'"'" // ,[..... '-.",......." ANNEXATION AGREEMENT ../ THIS AGREEMENT, made and entered into this /~'1 A '/ 6 day of /'If It I I:- , 1971, be.tween the Village of Mount Prospect, a Municipal Corporation of the County of Cook, in the State of Illinois, hereinafter referred to as the "Village" and La Salle National Bankg Trustee under Trusts Nos. 31535 and 40666, hereinafter referred to as "Owner" and Unity Ventures, Inc., an Illinois Corporationg hereinafter referred to as "Developer". WIT N E SSE T H: WHEREAS, the Owner 1S the record title holder of the Subject Property, and the Developer is the proposed Developer of all the Subject Property, which is the sub- ject of this Annexation Agreement and which is shown on the Annexation Plat attached hereto as Exhibit A and in- corporated herein by reference (hereinafter referred to as the "Subject Property"); and WHEREAS, the Owner and the Developer desire to have the Subject Property annexed to the Village on the terms and conditions set forth in this Agreement, and the Village desires that said Subject Property be so annexed; and WHEREAS, the Corporate Authorities of the Village have considered the annexation of the said Territory; and WHEREAS, said Subject Property is presently zoned B-4 General Service District in the County of Cook EXHIBIT I -2- with a special use which will permit the erection of not to exceed One Thousand Two Hundred (1,200) apartment units thereon; and WHEREAS, the Owner and Developer propose that all of the said Subject Property be developed in the Village as it would be allowed to be developed in ac- cordance with said existing zoning of the County of Cook and also in accordance with the terms and conditions in this Agreement; and WHEREAS, the Village desires Developer to In- stall and extend an oversized sewer line as is more fully set forth hereinafter; and WHEREAS, pursuant to notice in accord with the provisions of Sections 11-13-6 and 11-13-14 of the Illinois Municipal Code (Ill. Rev. Stats., 1969, Ch. 24, Secs. 11-13-6 and 11-13-14) the Zoning Board of Appeals and Plan Commission of said Village have heretofore held a joint public hearing in the manner required by law on the appli- cations of the Owner and Developer to rezone the said Subject Property to B-3 Business District under the Mount Prospect Zoning Ordinance and for certain special use permits and variations as aforesaid; and WHEREAS, notice of a public hearing before the Corporate Authorities of the Village on the terms and conditions of this Agreement has been given in the manner prescribed by Section 11-15.1-3 of the Illinois Municipal Code (Ill. Rev. Stats., 1969, Ch. 24, Sec. 11-15.1-3), -3- and the said Corporate Authorities of the Village have heretofore held such public hearing in the manner re- quired by law; and WHEREAS, the Zoning Board of Appeals and the Plan Commission of said Village have made their respec- tive reports and recommendations to the President and Trustees of the Village in accordance with the Ordinances of said Village; and WHEREAS, all other matters, in addition to those specifically referred to above, which are included by this Annexation Agreement, have been considered by the parties hereto; and WHEREAS, the development of said Subject Property in the manner that would be permitted under the aforesaid existing zoning of the County of Cook, and in accordance with the terms and conditions of this Agree- ment, will be highly beneficial to the Village in that such development will increase the taxable value of the real property within the Village, will increase the num- ber of persons who shall be counted for the purpose of obtaining state motor fuel tax funds by the Village, will extend the corporate limits and the jurisdiction of the said Village to the limits described under the attached Annexation Plat, will promote the sound planning and development of the Village and will otherwise enhance and promote the general welfare of the people of the Village; and -4- WHEREAS, in reliance upon the ordinances, codes and regulations of the Village in effect on the date of this Agreement, on the continued effectiveness of said ordinances, codes and regulations for the period hereinafter set forth, and on the execution of this Agreement by the Village and the performance by the Village of the undertakings hereinafter set forth to be performed by it, the said Owner and Developer propose to submit to the Village a petition to annex the said Subject Property and are willing to undertake certain obligations as hereinafter set forth, and have materi- ally changed their position in reliance upon said ordinances, codes and regulations; and WHEREAS, it is the desire of the Village and the Owner and Developer that the development of the Sub- ject Property proceed as conveniently as may be, and be subject to the ordinances, codes and regulations of the Village, in force and effect on the date of this Agree- ment, and further subject to the terms and conditions hereinafter contained; NOW THEREFORE, for and in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: 1. Annexation. (A) The Developers, contemporaneously with the execution hereofp shall file with the Village Clerk of -5- the Village a duly executed Petition, pursuant to and in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (Ill. Rev. Stat., Ch. 24, Sec. 7-1-8) to annex to the Village the Subject Property legally described in Exhibit A to this Agreement. Upon the filing of said Petition and adoption of an annexa- tion ordinance by the Village pursuant thereto, the Vil- lage agrees that it will promptly adopt the zoning classi- fication, special use and variation ordinances as are hereinafter more specifically provided. (B) The Village hereby agrees promptly to annex the said Subject Property upon the terms and con- ditions of this Agreement. 2. zoning. The Village agrees that upon annexation of the property, it will amend the zoning ordinance of the Village so as to classify the Subject Property in the B-3 Business District, in substantially the form attached hereto as Exhibit B. 3. Special Uses. (A) The Village agrees that upon annexation of the Subject Property, it will adopt an ordinance, in substantially the form attached hereto as Exhibit C, permitting the following special uses on the 'Subject Property pursuant to the provisions of Section 5 of the Mount Prospect Zoning Ordinance: (1) Multiple family dwellings (2) Hotels and motels (3) Convention building and facilities (4) Recreational facilities, including swimming pools -6- (5) Indoor Theaters; (6) utility Systems for power and energy to serve the Subject Property only; (7) The uses listed in Exhibit C to this Agreement; (8) Any uses that are either similar, ac- cessory, complementary, or supplemen- tary to those enumerated in sub-sec- tions (1) through (7) of this Section 3; (9) An enclosed, off-street parking struc- ture which may be partly underground and which shall contain at least two and not more than three levels. Any such structure shall have a plaza on the top, or roof,thereof, which plaza shall be considered to be the grade level of the Subject Property for the purpose of the use and development thereof. (10) Any and all uses permitted by the Mount Prospect zoning Ordinance or this Agreement may be constructed upon, abutting, or into said off- street parking structure. (b) It is agreed that the aforesaid special uses in Section 3(A) above shall be allowed only if the Owner and the Developer observe the following conditions and restrictions: (1) Not more than 1,200 multiple family dwelling units shall be constructed on the Subject Property. No more than five percent (5%) of the multiple family dwelling units may contain as many as three bedrooms; no more thAn forty~five percent (45%) of such dwell- ing units may contain as many as two bedrooms; no more than ten percent (10%) of such 0welling units may contain ef- ficiency apartments, and at least forty percent (40%) of such dwelling units shall be one bedroom apartments. (2) The floor area ratio on the Subject Property, exclusive of underground off-street parking areas, or any -7- other floor area used for openp enclosed or covered off-street parking facilities and uses ac- cessory theretop shall not exceed 1.2. (3) All structures on the Subject Property shall be set back at least 84 feet from Elmhurst Roadp 30 feet from Algonquin Roadp and 25 feet from the north and west property lines. (4) Only one automobile service station shall be constructed above ground. No other automobile service station or drive-in commercial facilities shall be constructed on the Subject Property except that an automobile service sta- tion may be located in an enclosed or underground parking structure if no portion thereof is visible from the street and there has been compliance with all applicable statutes and or- dinances of the State of Illinois and the Village of Mount Prospect. (5) At least 1.5 parking spaces shall be provided for each residential dwelling unit. (6) At least 1.0 parking space shall be provided for every two theater seats. (7) At least 1.0 parking space shall be provided for each hotel and motel room. (8) The aforesaid plaza shallp except where occupied by buildings, be improved with access roadways, walkways, pools, foun- tainsp flower beds, shrubbery, trees, landscaped areas and similar amenities. (9) The sides of the aforesaid plaza shall, except where buildings abut it, be covered by a planted and landscaped berm. 4. Zoning Variations. (A) The Village agrees to adopt an ordinance, In substantially the form attached hereto as Exhibit D, varying the strict termsd the Mount Prospect Zoning Ordinance in its application to the Subject Property in the following respects: (1) The terms of Section 31 of said Zoning Ordinance shall be varied so as to permit the construction -8- of two or more main buildings on a "Lot" as that term is defined in said Section 31 and so as to waive the requirement that a "Lot" as so defined, shall be land recorded as a district parcel in the office of the Cook County Recorder of Deeds. (2) The -terms of Section 20 (B) (1) of said Zoning Ordinance shall be varied, so as to permit off-street parking spaces in an enclosed structure that are no less than nineteen (19) feet by nine (9 ) fee t . (3) The terms of Section 20(1) of the said Zoning Ordinance shall be varied so as to permit all off-street parking spaces provided for dwelling units in excess of 1.0 space per dwelling unit and all such spaces provided for theaters to be counted in computing the number of off-street parking spaces to be provided for office buildings. (4) The terms of Section 26(B) (2) and (26) (D) (1) of the said zoning Or- dinance shall be varied so as to per- mit the construction of office build- ings, multiple family dwellings, and hotels or motels that do not exceed 230 feet in height, as measured from the grade of Elmhurst Road at the mid-point of property line of the Subject Property on Elmhurst Road. (B) It is agreed that the aforesaid variations enumerated in Section 4(A) shall be subject to the fol- lowing conditions: (1) The floor area ratio on the Subject Property, exclusive of underground off-street parking areas, shall not exceed 1.2. (2) The minimum horizontal distance be- tween one (1) story or two (2) story buildings shall be not less than fifteen (15) feet. -9- (3) The minimum horizontal distance between buildings exceeding two (2) stories in height shall be equal to the height of the tallest building from which the measure- ment is taken. (4) With respect to buildings located on or abutting the plaza, the open portion of the plaza lying between any two (2) buildings shall be con- sidered in computing the minimum horizontal distances required by Subsections 4(B) (2) and (3) of this Agreement. (5) The restrictions agreed to in Section 3(B) (3) of this Agreement shall also be conditions and restrictions on the variation to be granted pursuant to Section 4. 5. Subdivision Ordinance Variations. It is agreed that private streets and roadways be provided on the Subject Property at the option of the Developer. Such private streets and roadways shall comply in all respects with ordinances of the Village, except as pro- vided In this Section 5, and fire lanes shall be pro- vided as required from time to time by the ordinances of the Village. The Village agrees to adopt an ordin- ance, in substantially the form attached hereto as Exhibit E, pursuant to Section 11 of Article II of the Mount Prospect Village Plan granting the following vari- ations from the subdivision improvement requirements contained in said Village Plan: (1) The terms of Section 7(A) (1) of Article II of said Village Plan shall be varied so as to permit private streets and roadways at least 24 feet in width. -10- (2) The terms of Section 8 of Article II of said Village Plan shall be varied so as to permit private streets and roadways to be constructed with- out curbs and gutters. (3) The terms of Section 8 of Article II of said Village Plan shall be varied so as to permit the installation of sidewalks in accord with such Plan of development as the Developer may here- after present. (4) The Developer shall not be required to plant trees on the Subject Property in the manner required by Section 8 of Article II of the Village Plan, but the Developer shall use reasonable landscaping design in developing the Subject Property. (5) The terms of Section 2 of Article II shall be varied so as to waive the requirement that the Subject Property be platted and subdivided, provided, however, nothing herein shall be con- strued as excusing compliance with any applicable statutes of the State of Illinois. It is agreed that such variation shall be conditioned upon the maintenance by the Owner and Developer, with- out expense to the Village, of all private streets, roadways, and other means of ingress and egress to and on the Subject Property. 6. Sign Ordinance Variations. The Village agrees that it will adopt an ordinance pursuant to Section 9.307 of the Mount Prospect Municipal Code, in substantially the form attached hereto as Exhibit F, granting the following variations from the restrictions imposed by Section 9.303(E) (3) and (E) (5) of the Mount -11- Prospect Municipal Code so as to permit the Owner and Developer to retain any and all signs now located on the Subject Property, and in addition, to permit the Owner and Developer to construct on the Subject Property not more than three (3) double-faced signs, containing not more than 200 square feet on one face, in addition to any and all other signs that may be permitted on the Subject Property by virtue of the provisions of said Chapter 9. It is agreed that such variation shall be conditioned upon the removal of the aforesaid three (3) double-faced billboards not later than the date development of the Subject Property is completed. The Village further agrees that it will grant such further reasonable variations from the regulations contained in Chapter 9 as may be re- quired in the course of the development of the Subject Property. 7. Developer1s Obligations. It is recognized by the parties that this Agreement contains obligations and commitments that are assumed by or imposed on the Developer only and not on the Owner. The Village agrees that the Owner shall be exculpated from any personal liability on or obligation to perform the commitments and obligations herein assumed by or imposed on the Developer only and the Village agrees that it will look solely to the Developer for the performance of such obligations or commitments. -12- 8. Water Supply and Mains. The Village agrees to provide adequate water supply and water mains in sizes and pressures sufficient to service the Subject Property when developed to its maximum permitted uses. The village will deliver a sixteen (16) inch water maln to the north property line of the Subject Property on or before six (6) months from the date hereof. The Developer shall use a sixteen (16) inch main through its property rather than a twelve (12) inch main which would be ade-- quate to service the Subject Property. The Developer agrees to install the said sixteen (16) inch main and to advance the cost thereof. The Village agrees to reim- burse the Developer for the difference in cost between the said twelve (12) inch main and the said sixteen (16) inch main by giving the Developer a credit against building permit fees which may become due to the Village in respect to construction on the Subject Property until the said reimbursement has been fully paid mthe Developer. The Developer shall pay a water tap-on fee of One Hundred Dollars ($100.00) per acre at the time a building permit is issued for the acreage then being developed. The said sixteen (16) inch water main shall be dedicated to the Village. All other water lines located on the Subject Property remain the property of the Developer and shall be maintained by the Developer. 9. Water Rates, Meters and Use. In the event 1tr1.. /l . ~. / /. ,.'( it. i t the Village services other properties with generally similar uses and grants water rates lower than provided herein, the water rate charges against the subject develop- charged by be correspondingly ,reduced to the lowest rate (t ifc iz- P r 6T AtF/C C:.c ,//9/?/II'nIL/V'YAL 86 J'lil->, any such consumer of watey, furnished ~t tJ~e /V~l~~ge. .. /1/ //?Hj~-" /v/ ,;.-V ,,;;- ment shall -13- In all buildings taller than twenty-eight (28) feet, the Developer agrees to install Beeco,or equal, anti-siphoning devices for the prevention of backflow into the domestic water system. The Developer shall have the option of having one meter or separate meters servicing the Subject Property. It is understood that in the interest of water conservation, the Developer shall have the right to sup- ply pools and fountains, upon a recirculation basis from a private water supply and to cause such landscaped and recreational areas to be watered out of a private lake or water storage or supply area, provided, however, that the Developer shall not permit the intermix of such water with Village water in its system. 10. Construction of Water Storage Reservoir. It is agreed that the development contemplated by Developer shall require the installation of a water storage reservoir. The Developer agrees to contribute to the Village the sum of Forty One Thousand Five Hundred Dollars ($41,500.00) toward the cost of constructing such water storage reservoir. The Developer agrees to pay said sum at such time as Developer has constructed 700,000 square feet of building floor area on the Subject Property, or whenever the Village lets a contract for the construc- tion of said water storage reservoir, whichever occurs later. The Village agrees that said water storage reserVOlr shall not be located on any part of the Subject Property. 11. Sanitary Sewer Mains. It is understood that the Chicago Metropolitan Sanitary District has issued a permit to the Developer for the installation of a six (6) inch trunk sanitary sewer line and lift station to -14- service the Subject Property, and that the Village has requested the Developer to install an eight (8) inch line rather than a six (6) inch line so that the Village can extend its sanitary sewer services to other areas. The Developer and the Village therefore agree as follows: (A) The Developer shall install an outlet trunk sewer line and lift station of a size suf- ficient to service the proposed development on the Subject Property and shall construct an onsite sewer line to service the Subject Property, all in accordance with the existing code requirements of the Village. (B) The Developer shall oversize the out- let trunk sewer line from six (6) inches to eight (8) inches so as to service other properties in the Village. (C) The Developer agrees to dedicate the said eight (8) inch outlet trunk sewer main and the lift station to the Village. (D) All other sewer lines except the eight (8) inch outlet trunk line and the lift station located on the Subject Property shall remain the property of the Developer and shall be maintained by the Developer. (E) The Developer agrees that the said lift station shall be built in accord with the speci- fications and regulations of the Village Engineer, including the installation of telemetry and auxiliary power therefor. -15- (F) The village agrees that there shall be no tap-on charges in connection with the con- struction of said sewers or of any later onsite development of the Subject Property nor shall there be any maintenance fees charged by the Village in connection with same. (G) The Village agrees to assist the Developer in acquiring such easements, rights- of-way; or other rights in land as may be necessary to provide access of public utilities designed to serve the Subject Property, and the Village further agrees that if it is necessary, it will exercise its power of eminent domain to acquire such easements, rights-of-way, or other rights in land, provided, however, that in any such event the Developer shall reimburse and hold the Village harmless for all cost and expense in connection therewith. (H) The Village agrees that the commencement of work by the Developer on the sewer to be con- structed hereunder shall constitute an initiation by Owner and Developer of the special uses granted hereunder. (I) The difference in cost between the six (6) inch main and the eight (8) inch main shall be borne by the Developer and is additional consider- ation for this Agreement. -16- 12. Storm Water Retention. The Developer shall install upon the Subject Property storm water re- tention lakes, ponds or basins capable of retaining a maximum of 5.3 acre feet of storm water storage volume. 13. Bonds and Letters of Credit. The instal- lation and completion of all public improvements may be guaranteed by an irrevocable letter of credit from a sound and reputable banking or financial institution in an amount equal to One Hundred Ten (110%) Per cent of the Developer's engineer1s estimate of the cost of such im- provements. In lieu thereof, at the election of the Developer, the Village shall accept performance bonds running from the Subcontractors installing the improve- ments to the Developer and an assignment of said bonds by the Developer to the Village. There shall be no letter of credit or bonds required for private improve- ments on the Developer's property. Upon completion of the public improvements and acceptance of same by the Village, the letter of credit or performance bonds shall be released except for Ten Per cent (10%) which shall be retained by the Village for a period of Two (2) years after the completion and acceptance of said improvements. 14. Temporary Buildings. The Developer shall have the right to erect temporary display buildings in connection with its proposed development of the Subject -17- Property. Such buildings shall be constructed in accord- ance with the Village Codes and may be provided with water and sewage through a well and septic tank facility. Before any such building can be devoted for a permanent use, it shall be connected to the Village sewer and water systems. 15. Continuation of Existing Ordinances as to Subject Property. The Village agrees that during the five (5) years following the execution of this Agreement, unless the consent of the Owner or its successor in title 1S obtained, no ordinance that may be adopted relating to bulk regulations, subdivision controls, zoning, offi- cial plan or building, housing and related restrictions, shall be applicable to the use and development of the Subject Property which is more restrictive or imposes greater obligations than the ordinances of the Village in effect on the date of this Agreement, or as required to be altered, modified or changed by the text of this Agreement. 16. The Village agrees that there shall be no annexation fees charged in connection with the pro- posed annexation. During the five (5) years next fol- lowing the execution of this Agreement, the Village agrees that it will not during the aforesaid five (5) year term increase the building permit, plan examination or any other fees imposed by the Village which are, or will be, required to be paid by the Owners, Developer, -18- contractors, subcontractors, TIlaterialmen or others per- forming the work or supplying materials in connection with construction on any part of the Subject Property. The Village further agrees if it imposes new permit fees with respect to the development of land and the con- struction of buildings, such fees shall not be applicable to the development of, or construction on the Subject Pnoperty. If, during said five (5) year period, any such fees applicable to any area in the Village or to any particular type of work are reduced, the fees applicable to the Subject Property and to the type of work being done thereon shall be reduced correspondently. 17. Land Dedication. Except as otherwise pro- vided in this Agreement, the Owner and Developer shall not be required to donate any land or money to the Village or any other governmental body for schools, parks or other public uses. 18. Stop Orders. The Village will issue no stop orders directing work stoppage on buildings or parts of the project without setting forth the Section of the Code allegedly violated by Developer or its employees, contractors, and agents and detailing the corrective ac- tion to be taken. The Developer may forthwith proceed to correct such violations as may exist or take an appeal in the manner provided by the applicable Sections of the Village Code. -19- 19. Building Permits. The Village agrees to issue necessary building and other permits for the con- struction of buildings or issue a letter of denial inform- ing the Developer of the respects in which the application does not conform to stated Sections of the Building Code or other Codes or ordinances of the Village within thirty (30) days of the date of application therefor. 20. Occupancy Certificates. The Village agrees that when requested it will issue certificates of occupancy on a floor-by-floor basis rather than on a building-by-building basis. The Village agrees to issue said certificates of occupancy within seven (7) days of the date of application or to issue a letter of denial within said period of time specifically informing the Developer of the Sections of the Building Code or other Codes or ordinances of the Village that have been vio- lated and the corrections that will be required for a certificate of occupancy to issue. 21. Access Easement. The Owner and Developer agree to provide an easement for ingress and egress along and across the north thirty-three (33) feet of the Sub- ject Property. In the event that in the process of developing the Subject Property the Owner and Developer construct a roadway network that will provide adequate and satisfactory ingress and egress to the territory -20- abutting the Subject Property on the north, then the Vil- lage agrees to waive and release any and all rights that may have been created by such easement along and across the said north thirty-three (33) feet of the Subject Property. 22. Liquor Licenses. The parties hereto do hereby declare that it is to their mutual interest that the Village, through its duly authorized officials, will provide for the Subject Property and the parties entitled thereto~ such liquor licenses as may be reasonable in order to satisfy each legitimate need therefor. 23. Terms of Agreement. This Agreement shall be effective for a term of five (5) years from the date hereof. The ordinances, special use permits and varia- tions to be enacted and adopted by said Village pursuant to this Agreement shall be effective, valid and binding as to the Subject Property for five (5) years from the date of execution hereof, and they shall not be changed, modified or amended in any manner whatsoever ln their application to the Subject Property without the consent of the Owner or its successors in title. 24. Adoption of Ordinances and Resolutions. The Village agrees to enact such ordinances and resolu- tions as may be required in order to effectuate the terms and conditions of this Agreement. 25. Right of Disconnection. In the event that the Village does not comply with the terms and provisions of this Agreement within the time specified herein or in the event of a breach of any provisions of this Agreement -21- by the Village, in addition to the remedies herein provided, the Owner and the Developer shall notify the Village of such claimed breach or failure to perform and the Village shall thereupon have forty-five (45) days to perform or to cure such breach. If the Village fails to perform or to cure such breach within forty-five (45) days, the Owner and Developer may elect to declare this Agreement null and void in which event the annexation of the Subject Property if same has been annexed, shall be considered void ab initio, and the Subject Property shall be disconnected from the Village and it shall be as if said property was never a part of the Village. To effec- tuate same, the Village agrees to execute any documents necessary to effectuate the provisions of this paragraph and to enter a consent decree, if requested, in a court proceeding to declare said annexation void ab initio. 26. Effect of Inconsistent Ordinances or Resolutions. In the event that the Village hereafter adopts any resolution or ordinances that are inconsist- ent in any way with any provision of this Agreement, then it is agreed that such resolution or ordinance shall not be applicable to the Subject Property during the term of this Agreement. 27. Enforcement. This Agreement shall be en- forceable in any court of competent jurisdiction by any of the parties, or their successors in title, by an appropriate action at law or in equity, mandamus or other proceedings to enforce and compel the performance of the covenants herein contained. 28. Severability. It is understood and agreed by the parties to this Agreement that the several provi- ~:,;" -22- ,., sions of this A~r~em~~t ~~e e.o1""'\~,..~1-....' _ --;;;------ .::..-::: ::::;:,t if c.il}' Cuurt of com- petent jurisdiction shall adjudge any provision of this Agreement to be invalid or unenforceable, then such judgment shall not affect any other provisions of this Agreement; provided, however, should any provision of this Agreement be held invalid, the Developer shall have the right, within sixty (60) days of the date such pro- vision is held invalid, to declare this Agreement void and to ex- ercise the right of disconnection provided in Section 25 hereof. 29. Successors and ~~signs. This Annexation Agreement shall enure to the benefit of and be binding upon the parties here- ,to, successor owners of record of land which is the subject of this Agreement, lessees, and upon any successor municipal authorities of said Village and successor municipalities for a period of five (5) years from the date of execution hereof. :!:~J ~<i::::'I'NESS i;I-IERECJ: ,chE: parties nere-co have caused this Agreement to be executed by their proper officers, duly authorized to execute the same on the day and year first above written. VILLAGE OF MOUNT PROSPECT, a Municipal Corporation of the County of Cook, State of Illinois. " ~I , ATTEST:/;, , &' r/" '//1 tI~,/ ' v ~/k ~...~"J Vi'llage Clerk .,c:;:>"'" ",;",.)' By: Ji3:"~/..:-.~-",:>t~'-'~:,.-';..;x;:::~~;;;:;!~~~~,~~:~._~~:._.~l~~~,:_~". Village President ;;.-, t~ en ~._, ~'~~ ~S ?''''"l<BSr.,l.,l h , .-~4 /7/h V l~~,., ---.~..._:;:;::::...,,,, ""-' OWNER: LA SALLE NATIONl<..L BANK, Trustee under Trusts Nos. 31535 and 40666.~; _,---7 , 4%"' _ /C/' 0~'~J-:7-" -CI/" , /ifh ---- ././ /"'---Z. ~^') . ,~.,../! . Y '~~';(~,/,y":~ / /~/~*~~-- "'.,.",", V~ce-Pres~dent !4,;'S8 DEVELOPER: UNITY VENTURES, Illinois 1-i:.i.:~r:ST : By: an :'{;!?~ ."w - -. --:.: .".... i:>.t I! ":.-i~r'l; ary,!) ~'::::.~.;:..~l/ ":,l' ""..' """" ",,"'" "Pol' '~:;;0T This instrument is executed by LaSalle National Bank, not personallY but solelY as Trustee, as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All the terms, provisions, stipulations, ~venants and conditions to he performed by Lasalle National Bank are undertaken ~ it solelY as Trustee, .s aforesaid, aud not individuall~and all statements nerein made are made on information and belief and are to be construed accordingly, ~~d no personal liahility shall be asserted or be enforceable against LaSalle lil~tiona 1 Bank by reason of any 0 f the teemS, proviR; ons, s ti po lations, covenants and/or statements contained in this instrument. RIDER ATTACHED TO AND 11ADE A pAllT OF DOCUMENT DATED ___~hn,. _ 1911---- ~____m<DER TIUlb"f No5~. ;3i ;;''1