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An Ordinance Authorizing the Third Amendment to Annexation Agreement Dated August 18 2004 By and Between the Village of Romeoville, an Illinois Municipal Corporation, and
South Creek Enterprises LLC
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WHEREAS, DPIF4 IL 13 Pinnacle, LLC (“Dermody”) is the contract purchaser and will upon the closing of its purchase agreement be the owner of certain real property, such property being legally described on Exhibit A hereto, a copy of which is attached and made part hereof; and
WHEREAS, Dermody, 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 amendment 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 amendment, 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 amendment attached hereto as Exhibit B with Dermody for the annexation and development 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 amendment 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 Third Amendment to 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, on or before March 19, 2025, of a copy of this Agreement executed by Dermody, together with proof reasonably satisfactory to the Village of Dermody’s acquisition and ownership of the property described in Exhibit A. In the event that a copy of the annexation agreement amendment attached as Exhibit B and with proof reasonably satisfactory to the Village of Dermody’s acquisition and ownership of the property described in Exhibit A are received by the Village on or before March 19, 2025, 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, until March 19, 2025, during which time this Ordinance and its Exhibits shall not be amended, modified, repealed, reconsidered, rescinded, or otherwise altered in any way. After March 19, 2025, in the event that the annexation agreement attached as Exhibit B has not then been fully executed by the Village and Dermody, this Ordinance shall be null and void and of no further force or effect.