HomeMy WebLinkAboutRESOLUTION - 57-86 - 7/22/1986 - ANNEX AGRMT/HERTZ CORP RESOLUTION NO. 57-86
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT
AND VILLAGE CLERK TO EXECUTE AN ANNEXATION
AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE
VILLAGE AND THE HERTZ CORPORATION
BE IT RESOLVED by the President and Board of Trustees of
the Village of Elk Grove Village, Counties of Cook and DuPage,
Illinois , as follows :
Section 1: That the Village President be and is hereby
authorized to sign an annexation agreement, a copy of which
is attached hereto and made a part hereof, and the Village Clerk
is authorized to attest said document upon the signature of
the Village President.
Section 2: That this Resolution shall be in full force
and effect from and after its passage and approval according
to law.
VOTES : AYES : 4
NAYS : 0
ABSENT: 2
APPROVED:
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
PASSED this 22nd day of July , 1986 .
APPROVED this --TTnd— day of July , 1986 .
PUBLISHED this 23rd day of July 1986,
in pamphlet form.
STATE OF ILLINOIS )
SS.
COUNTY OF C 0 0 K )
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 22nd day of
July, 1986 , by and between the VILLAGE OF ELK GROVE VILLAGE,
a municipal corporation organized and existing under and by
virtue of the laws of the State of Illinois (hereinafter referred
to as the "Village" ) by and through its President and Board
of Trustees (hereinafter referred to collectively as "Corporate
Authorities" ) ; Heritage Pullman Bank & Trust Co. Trust #71-80971 ,
Owner of Record of the property (hereinafter referred to as
"Owner" ) ; and The Hertz Corporation, the contract lessee (hereinafter
referred to as Lessee) , which property consists of approximately
0 . 92 acres , the legal description of which is attached hereto
as Exhibit "A" , and which adjoins , abuts and is contiguous to
the corporate limits of the Village of Elk Grove Village, Illinois ;
and
WHEREAS, the Property constitutes territory which is contiguous
to and may be annexed to the Village of Elk Grove Village , Illinois ,
as provided in Article 7 of the Illinois Municipal Code ( Illinois
Revised Statutes, 1985 , Chapter 24 ) ; and
WHEREAS, the Owner and Lessee desire to have the Property
annexed to the Village of Elk Grove Village, Illinois, upon
certain terms and conditions hereinafter set forth; and
WHEREAS, the Corporate Authorities , after due and careful
consideration, have concluded that the annexation of the Property
to the Village would further the orderly growth of the Village,
enable the Village to control the development of the area and
serve the best interests of the Village; and
WHEREAS, pursuant to the provisions of Illinois Revised
Statutes, 1985 , Chapter 24 , Section 11-15 , 1-1 , et. seq. , a
proposed annexation agreement in substance and form the same
as this Agreement was submitted to the Corporate Authorities
and a public hearing held thereon pursuant to notice, as provided
by statute; and
WHEREAS, any fire protection district, or other entity
or person entitled to notice prior to annexation of the Property
have been given notice as is required by law.
NOW, THEREFORE, in consideration of the premises and of
the mutual covenants and agreements herein contained, IT IS
HEREBY MUTUALLY AGREED by and between the undersigned as follows :
1. STATUTORY AUTHORITY. This Agreement is made pursuant
to and in accordance with the provisions of Illinois Revised
Statutes, 1985 , Chapter 24 , Section 11-15 , 1-1 , et seq.
2. PETITION FOR ANNEXATION. The Owner has filed with
the Village Clerk a proper petition for the annexation of the
Property to the Village of Elk Grove Village, Illinois , expressly
conditioned upon the terms and provisions of the Agreement.
The Owner has paid all appropriate fees and deposits .
3. ANNEXATION ORDINANCE. The Corporate Authorities , upon
the execution of this Agreement, shall enact within thirty ( 30 )
days hereof, an ordinance annexing the Property as shown on
the Plat of Annexation attached hereto as Exhibit B.
4. ZONING PER OFFICIAL MAP. The Property, pursuant to
Section 2 . 4 of the Zoning Ordinance of the Village, shall upon
annexation be rezoned from the I-1 Restricted Industrial District
to the B-3 Business District (Automotive Oriented) . The B-3
Business District (Automotive Oriented) shall hereafter be the
zoning classification ascribed to the Property upon the official
map of the Village.
There have, heretofore, being conducted such public hearings
as are necessary to rezone the property to the B-3 zoning classifi-
cation. It is understood and agreed that no additional petition
or public hearing or other action need be taken by or on behalf
of the Owner-Lessee to obtain said B-3 zoning classification
once the Property is annexed to the Village.
It is further understood and agreed that the effective
date of said annexation shall be the date upon which the annexa-
tion and rezoning ordinance are passed and approved by the Corporate
Authorities .
5. PAYMENT OF FUND. The Owner-Developer agrees to pay
the Village the total of four-hundred sixty ( $460 ) dollars for
use in connection with the Village ' s Municipal Purpose Fund
upon annexation.
6. ORDINANCE TO APPLY. The Village reserves the right
to amend its Zoning and Subdivision Ordinance, its Building
Code and other ordinances affecting the development of the Property
at any time as may be reasonably necessary for the protection
of the public health, welfare and safety by general Ordinance,
provided any such amendment is applicable to the development
of all the property in the Village, and is not discriminatory
in its effect upon the development of the Property. The Village
agrees that for a period of ten ( 10 ) years from the date of
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the execution of this Agreement, it will not amend its zoning
ordinance or other ordinances in such a manner as to prohibit
the use of the Property as contemplated by this Agreement in
the manner set forth in this Agreement.
7. CONDITIONS. The following conditions are required
of the OWNER-LESSEE:
(A) For purposes of receiving water service and sanitary
sewer service from the Village, the OWNER-LESSEE
shall connect to existing mains with the costs
to connect to be solely at the OWNER-LESSEE' s
expense. Final locations for these connections
must be approved by the Village Engineer .
(B) The existing well shall be sealed in the presence
of Village personnel.
(C) The oil and gasoline storage tanks on the property
shall be sealed or removed.
(D ) Screening on the North and West borders of the
property, as approved by the Village Engineer,
shall be completed prior to the issuance of an
occupancy permit.
(E) The existing structure on the property shall
be brought into compliance with all Village codes
and ordinances before occupancy permit will be issued,
but in no event later than July 1, 1937.
8. PUBLIC IMPROVEMENTS - SECURITY. At the time public
improvements are installed and approved by the Village Engineer,
the Owner-Lessee shall cause a Bill of Sale, one set of mylar
as built engineering plans , bill of materials , and a two-year
maintenance bond to be submitted to the Village prior to the
formal acceptance of said improvements by the President and
Board of Trustees for permanent maintenance and ownership by
the Village.
The Owner-Lessee shall be required to give the Village
security for the installation of all public improvements , publicly
owned and maintained, such security to be in the form of bonds ,
or cash escrow deposits or such other security which may be
deemed by the Village Attorney or the Village Manager to be
satisfactory, including but not limited to an irrevocable letter
of credit drawn on a Chicago area bank with assets in excess
of Ten Million Dollars ( $10 , 000 , 000 ) , such letter being effective
for the length of time required to complete such improvements
and certifying that adequate funds will remain available in
a form to allow the Village to procure the funds irrevocably
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committed to complete the required public improvements and construc-
tion, if said improvements shall be in default for a period
of sixty ( 60 ) days after written notice thereof by the Village
to the Owner-Developer. The security given shall at all times
by equal to 110% of the original estimated cost of the public
improvements being constructed in the development of the Property,
and may be reduced pursuant to Section 8 . 015 of the Subdivision
Control Ordinance.
9. PERMIT FEES. The Village agrees to charge the Owner-
Developer any such building fees , utility connection fees , tap-on
charges and similar fees , as are generally enforced in the Village
and charged to properties similarly developed, and in accordance
with its general ordinances applicable at the date that the
permit fee is applied for and required.
10. STOP ORDERS. The Village will issue no stop order
directing work stoppage in the building or parts of the subject
property without detailing the section of the Village Code or
portion thereof of this agreement of the Plan violated by the
Owner-Lessee.
11. CERTIFICATE OF OCCUPANCY. The Village agrees to issue
certificates of occupancy within fifteen ( 15 ) days of application
or issue a letter of denial informing the Owner-Lessee as to
what sections of the Code were relied upon by the Village in
its request for correction.
12. EFFECTIVE TERM. This Agreement shall be effective
for a term of ten ( 10 ) years from the date of its execution.
However, it is agreed that in the event that the annexation
of any of the Property or any of the terms of this Agreement
are challenged in any court proceeding , the period of time during
which such litigation is pending shall not be included in calculat-
ing said ten (10 ) year term.
13. BINDING EFFECT. This Agreement shall bind heirs and
successors and assigns of the Owner, the Lessee, the Village ,
its Corporate Authorities, successors in office, and be enforce-
able by order of Court pursuant to the provisions of the statutes
made and provided. Nothing herein shall in any way prevent
alienation or sale of the Property or portion thereof except
that said sale shall be subject to the provisions hereof and
of the Zoning Ordinance of the Village of Elk Grove Village
and the new Owner shall be both benefitted and bound by the
conditions and restrictions herein and therein expressed.
14. SEPARABILITY. It is understood that in the event
any provisions of this Agreement shall be deemed invalid, then
the invalidity of said provisions shall not affect the validity
of any other provisions hereof.
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15. NOTICE. All notices and demands by the Village shall
be sent by certified mail to the Owner: Heritage Pullman Bank
and Trust #71-80971 .
VILLAGE OF ELK GROVE VILLAGE:
by Charles .l_ 7att—
Village President
ATTEST:
Patricia S. Smith
Village Clerk
OWNER:
HERITAGE PULLMAN BANK AND TRUST CO.
of Chicago, Illinois, as Trustee
as aforesaid:
by
Its
LESSEE:
THE HERTZ CORPORATION OF NEW YORK,
NEW YORK
by
Its :
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EXHIBIT A
LEGAL DESCRIPTION
The South 275.00 feet, (as measured along the West line of Busse
Road) of the East 200.00 feet, (as measured along the South line
of the Southeast Quarter) of that part of the Southeast Quarter
of Section 22, Township 41 North, Range 11 East of the Third
Principal Meridian, lying West of the West tine of Busse Road
as per instrument recorded, February 8, 1939 as Document No. 12269603,
excepting from the aforesaid tract that part taken for Oakton Street,
Document No. 9967968, recorded March 27, 1928 and also except that
part for additional dedication for Oakton Street, per Case No. 6803091
in the Circuit Court, in Cook County, Illinois.