ORDINANCE _08-20 AMENDMENT TO AND RESTATEMENT OF ANNEXATION AGREEMENT (CASTAGNOLI PROPERTY I 154 ACRES)

Transcription

1 ORDINANCE _08-20 AMENDMENT TO AND RESTATEMENT OF ANNEXATION AGREEMENT (CASTAGNOLI PROPERTY I 154 ACRES) This Amendment To and Restatement of Annexation Agreement (the Amendment ) is made and entered to this 11 day of September, 2008, between the Village of Somonauk, an Illinois municipal corporation of DeKalb and LaSalle Counties, Illinois (hereinafter referred to as the Village ), and the Castagnoli Family Partnership (hereinafter referred to as the Owner ) of the territory described in Exhibit A attached hereto (the Subject Property ). W I T N E S S E T H: WHEREAS, the Village and Owner entered into a certain Annexation Agreement dated August 20, 2003 (the Annexation Agreement ) as authorized by Ordinance No approved August 20, 2003 which Agreement was recorded in the Office of the DeKalb County Recorder of Deeds on August 27, 2003 as Document No ; and WHEREAS, the Owner desires that the Subject Property be developed in accordance with the ordinances of the Village, as amended and as otherwise modified herein and also in accordance with the terms and conditions of this Amendment; and WHEREAS, the parties each desire to demonstrate and clarify their intent that the Annexation Agreement be in full force and effect; and WHEREAS, the Village and Owner each desire that the Annexation Agreement be readopted, ratified, affirmed and amended; and WHEREAS, prior to the adoption of this Amendment a public hearing was conducted upon due notice; and WHEREAS, the Annexation Agreement and this Amendment affect the Subject Property described on Exhibit A attached hereto. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. INCORPORATION OF PREAMBLE AND EXHIBITS. The Preamble and all Exhibits referred to in the Preamble and this Amendment are incorporated herein as fully set forth in this Section 1. Somonauk/2008 Agreements/First Amendment to Annexation Agreement (1) 5_14_08

2 SECTION 2. ANNEXATION AGREEMENT. That except as herein specifically set forth, the Annexation Agreement be and is hereby reinstated, readopted, ratified and affirmed. SECTION 3. AMENDMENTS. That the Annexation Agreement be and the same is hereby amended as follows: A. That Section 4 (Zoning) be and the same is deleted and the following language inserted in its place: SECTION 4. ZONING Upon annexation of the Subject Property, the Village shall adopt an ordinance rezoning the Subject Property as A-1 (Agriculture District). The Village acknowledges that Owner may seek to rezone the Subject Property in the future. The Village agrees to grant such future zoning request to the extent it complies with the Concept Land Use Plan as reflected in Exhibit B attached hereto. Such future rezoning shall be limited to the following: R-1A (Low Density Single- Family Residential District), B-1 (Central Business and Civic District), B-2 (Community Business District) and B-3 (Neighborhood Commercial District). SECTION 4. LIMITATIONS OF AMENDMENT. Except as herein specifically provided, all of the terms and conditions of the Annexation Agreement shall remain in full force and effect. SECTION 5. ENFORCEABILITY. This Amendment shall be enforceable in the Circuit Court of DeKalb County by either party hereto by appropriate action at law or in equity. SECTION 6. SEVERABILITY. If any provision of this Amendment is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. SECTION 7. MUTUAL ASSISTANCE. The parties agree to do all things necessary and appropriate to carry out the terms and conditions of this Amendment and to aid and assist each other in furthering the intent of the parties as reflected by the terms of this Amendment, including without limitation, the holding of public hearings, enactment by the Village of such resolutions and ordinances as are required herein, the 2

3 execution of permits, applications and agreements which are in conformance with this Amendment and Village ordinances and the taking of such other actions as my be necessary to enable the parties to comply with the terms and provisions of this Amendment. SECTION 8. GENERAL PROVISIONS The following general terms and provisions shall apply: 1. This Amendment, when recorded, shall be binding upon and inure to the benefit of the parties hereto, successor beneficial Owners, successor Owners of record of any portion of the Premises, lessees, upon any successor corporate authorities of said Village and successor municipalities for a period of twenty (20) years from the date of execution of the Original Agreement. 2. Nothing in this Amendment shall prevent the alienation, encumbrance or sale of the property or any portion of it, and the new Owner or Owners shall be both benefited and bound by the conditions and restrictions expressed in this Amendment and to such extent the original Owner named herein is released. 3. This Amendment shall be recorded in the office of the DeKalb County Recorder, Illinois. 4. The Corporate Authorities for the Village warrant that they have the authority to enter into this Amendment. Owner warrants that the execution of this Amendment has been duly and validly authorized and that the obligations imposed upon Owner herein shall be valid and binding obligations of the Owner. 5. The captions of paragraphs are intended only for the convenience of the parties and are not to be constructed as part of this Amendment or as a limitation of the scope of the particular sections to which they refer. 6. This Amendment may be executed in any number of counterparts and duplicate originals, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 7. Failure of any party to this Amendment to insist upon the strict and prompt performance of the terms, covenants, agreement and conditions herein contained, or any of them, shall not constitute or be construed as a waiver or relinquish of any parties right thereafter to enforce such term, covenant, agreement or condition, but the same shall continue in full force and effect. 8. Owner, their successors and/or assigns agree during the term of this Agreement not to initiate any action to disconnect said property from the Village of Somonauk. 3

4 SECTION 9. NOTICES. All notices required to be served herein shall be served on the parties at the address set forth below (or at such other addresses as the parties may from time to time designate in writing), personally or by certified mail, return receipt requested: If to the Village: Village of Somonauk Attn: Village Clerk 131 South Depot Street P.O. Box 218 Somonauk, IL cc: Attorney Eric P. Hanson Mahoney, Silverman & Cross, LLC 822 Infantry Drive, Suite 100 Joliet, IL If to Owner: Castagnoli Family Partnership cc: 4

5 IN WITNESS WHEREOF, the parties to this Amendment have caused it to be executed as of the day and year first above written. OWNER: VILLAGE SOMONAUK By: _Susan Castogonli By: President ATTEST: Village Clerk 5

6 EXHIBIT A 6

7 EXHIBIT B 7