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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 -2- 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 -3- 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. -4- 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 : -5- 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.