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An Ordinance Authorizing the Execution of an Annexation Agreement (DND Endeavors, LLC, a Pennsylvania Limited Liability Company, admitted to do business in Illinois)
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WHEREAS, DND Endeavors, LLC (“DND”), is the contract purchaser and will upon the closing of its purchase agreement be the owner of certain real property and has caused or will cause a petition to be filed with the Village of Romeoville to annex such real property located in unincorporated Will County, Illinois into the corporate limits of the Village, such property being legally described on Exhibit A hereto, a copy of which is attached and made part hereof; and
WHEREAS, DND, upon the annexation of the property described in Exhibit A and its acquisition of the same, shall develop the same in accordance with the provisions of the annexation agreement set forth in Exhibit B; and
WHEREAS, the statutory procedures provided for by 65 IL CS 5/11-15.1-1 et seq. required prior to the approval and execution of the annexation agreement, including requisite notice and hearing requirements, have been fully satisfied; and,
WHEREAS, the corporate authorities of the Village have determined that it is in the best interest of the Village to enter into the annexation agreement attached hereto as Exhibit B with DND for the annexation of the real property described in Exhibit A, subject to the conditions hereinafter set forth in this ordinance.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: AUTHORIZATION. The Village President and Village Clerk are hereby authorized and directed to execute and attest to the execution of an annexation agreement substantially in the form attached as Exhibit B, provided, however, that the authorization and approvals herein contained shall be subject to final review and approval by the Village Manager and the Village Attorney of the Annexation Agreement attached hereto as Exhibit B and of all supporting and ancillary documentation and exhibits related thereto or incorporated therein by attachment or reference, provided, however, that the authorization and direction herein provided shall be subject to the Village’s prior receipt, within three months of the date hereof, of a copy of this Agreement executed by DND, together with proof reasonably satisfactory to the Village of DND’s acquisition and ownership of the property described in Exhibit A. In the event that a copy of the annexation agreement attached as Exhibit B and with proof reasonably satisfactory to the Village of DND’s acquisition and ownership of the property described in Exhibit A are received by the Village within such three month period, then the Village President and Village Clerk shall at such time execute and attest to the execution of the annexation agreement attached as Exhibit B.
SECTION 3: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law, for a period of three months from the date of its adoption, during which time this Ordinance shall not be amended, modified, repealed, rescinded or otherwise altered in any way. After the expiration of said three month period, and in the event that the annexation agreement attached as Exhibit B has not then been fully executed by the Village and DND, this Ordinance shall be null and void and of no further force or effect.