1973-0111973 -11
AN ORDINANCE
AMENDING SECTION 22 -20 OF THE
MISCELLANEOUS OFFENSES CODE OF
VILLAGE OF NILES
WHEREAS, the President and Board of Trustees are of the
opinion and find that motion picture films, books, pictures,
magazines and periodicals are important factors in the education
of young persons and are, therefore, affected with a public
interest; and
WHEREAS, the President and Board of Trustees recognize
the dangers of censorship and the importance of freedom of
speech as guaranteed by the Constitutions of the United States
and State of Illinois, and acknowledge that freedom of speech
is absolutely necessary in a progressive a.id free society; and
WHEREAS, the President and Board of Trustees are aware of
the problems that beset the Village of Niles and other communities
in the field of juvenile delinquency, juvenile crime and morals;
and
WHEREAS, the President and Board of Trustees, after extensive
study and investigation, are of the opinion and find that certain
motion picture films, books, pictures, magazines and periodicals
are basic factors whiciL may impair the ethical and moral develop-
ment of youth and, more particularly, such material may be a
contributing cause of juvenile delinquency, sexually promiscuous
behavior and, along with other factors, tend to incite criminal
behavior on the part of young persons,
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of t1e Village of Niles, Coo]: County, Illinois, as follows:
SECT1Oi 1: Tliat Section 22-20(d) ilich reads as follo °as
i
1973 -11
AN ORDINANCE
AMENDING SECTION 22 -20 OF THE
MISCELLANEOUS OFFENSES CODE OF
VILLAGE OF NILES
WHEREAS, the President and Board of Trustees are of the
opinion and find that motion picture films, books, pictures,
magazines and periodicals are important factors in the education
of young persons and are, therefore, affected with a public
interest; and
WHEREAS, the President and Board of Trustees recognize
the dangers of censorship and the importance of freedom of
speech as guaranteed by the Constitutions of the United States
and State of Illinois, and acknowledge that freedom of speech
is absolutely necessary in a progressive a.id free society; and
WHEREAS, the President and Board of Trustees are aware of
the problems that beset the Village of Niles and other communities
in the field of juvenile delinquency, juvenile crime and morals;
and
WHEREAS, the President and Board of Trustees, after extensive
study and investigation, are of the opinion and find that certain
motion picture films, books, pictures, magazines and periodicals
are basic factors whiciL may impair the ethical and moral develop-
ment of youth and, more particularly, such material may be a
contributing cause of juvenile delinquency, sexually promiscuous
behavior and, along with other factors, tend to incite criminal
behavior on the part of young persons,
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of t1e Village of Niles, Coo]: County, Illinois, as follows:
SECT1Oi 1: Tliat Section 22-20(d) ilich reads as follo °as
"(d) SALE, EXHIBITION TO CHILDREN. It shall be un-
lawful for any person, firm or corporation, with
knowledge of the nature of the content thereof, to
sell, exhibit or give away any obscene publication
or other-article to any person under the age of
eighteen years when the person, firm or corporation
selling, exhibiting or giving away such publication
or other material knows that the receipient is under
eighteen (18) years of age or.fails to exercise
reasonable care in ascertaining the true age of the
child.
be amended by deleting the same in its entirety and inserting
in lieu thereof the following:
"(d) EXPOSING MINORS TO HARMFUL MATERIALS.
1. Definitions. As used in this section:
(a) "Minor" means any person under the age
of seventeen years.
(b) "Nudity" means the showing of the human
male or female genitals, pubic area or buttocks
with less than a full opaque covering, or the showing
of the female breast with less than a fully opaque
covering of any portion thereof below the top of
the nipple, or the depiction of covered male genitals
in a discernibly turgid state.
(c) "Sexual conduct" means acts of masturbation,
homosexuality, sexual intercourse, or physical contact
with a person's clothed or unclothed genitals, pubic
area, buttocks or, if such person be a female, breast.
(d) "Sexual excitement" means the condition of
human male or female genitals when in a state of
sexual stimulation or arousal.
(e) "Sado- masochistic abuse" means flagellation
or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or the condition of being
fettered, bound or otherwise physically restrained on
the part of one so clothed.
(f) "Harmful to minors" means that quality of
any description or representation, in whatever form,
of nudity, sexual conduct, sexual excitement, or sado-
masochistic abuse, when it:
(i) predominantly appeals to the prurient,
shameful or morbid interest of minors, and
(ii) is patently offensive to. prevailing standards
in the adult co=Lunity as a whole with respect
to what is suitable material for minors, and
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6
1
(iii) is utterly without redeeming.social
importance for minors.
'(g) "Knowlingly" means having general knowledge
of, or reason to know, or'a belief or gound for
belief which warrants fu -ther inspection or inquiry
of both:
(i) the character and content of any material
described herein which is reasonably susceptible
of examination by the defendant, and
(ii) the age of the minor, provided however,
that an honest mistake shall constitute an
excuse from liability hereunder if the defen-
dant made a reasonable bona fide attempt to
ascertain the true age of such minor.
(h) "Distribute" means to transfer possession
of, whether with or without consideration.
(i) "Exhibit" means to show or display, offer
or present for inspection or produce in public so
that it may be taken into possession or viewed by
persons under seventeen (17) years of age.
2. It shall be unlawful for any person knowingly
to sell, loan for monetary consideration, distribute or
exhibit, to a minor:
(a) any picture, photograph, drawing, sculpture,
motion picture film, or similar visual representation
or image of a person or portion of the human body which
depicts nudity, sexual conduct or sado - masochistic
abuse and which is harmful to minors, or
(b) any book, pamphlet, magazine, printed matter
however reproduced, or sound recording which contains
any matter enumerated in paragraph (a) of subdivision
2 hereof, or explicit and detailed verbal descriptions
or narrative accounts of sexual excitement, sexual
conduct or sado- masochistic abuse and which, taken as
a whole, is harmful to minors.
3. It shall be unlawful for any person knowingly to
exhibit for a monetary consideration to a minor or knowingly
to sell to a minor an admission ticket or pass or knowingly
to admit a minor for a monetary consideration to premises
whereon there is exhibited, a motion picture, show or other
presentation which, in whole or in part, depicts nudity,
sexual conduct or sado- masochistic abuse and which is harmful
to minors.
4(a). Nothing in this section shall prohibit any
public library or any library operated by an accredited
institution of nigher education from circulating harmful
material to any person under 17 years of age, provided such
circulation is in aid of a legitimate scientific or educational
-3-
purpose, and it shall be an affirmative
any prosecution for a violation of this
the act charged was committed in aid of
scientific or educational purposes.
(b) Nothing in this section shall
parent from distributing to his child a
material.
defense in
section that
legitimate
prohibit any
ay harmful
5. It shall be unlawful for any person under 17
years of age to state falsely, either orally or in writing,
that his is not under the age of 17 years, or to present
or offer to any person any evidence of age and identify
which is false or not actually his own for the purpose of
ordering, obtaining, viewing or otherwise procuring or
attempting to procure or view any harmful material. '
SECTION 2: That all ordinances or parts of ordinances
in conflict with this Ordinance shall be and the same are hereby
repealed.
SECTION 3: This Ordinance shall be in full force and
effect from and after its passage and approval as provided by
lava.
PASSED:
AYES:
This c day of
NAYS:
AISSENT :
VILLAGE CLEkV
ATTESTED and FILED in my office this day of �Z ,
1 and ublished as provided by law this day of
- 1973.
VILLAGE C�,i;RK
APPROVED by me this .--, % � ay of �_�'Z ,. , � , 1973.
President of the Village of Niles,
Cook County, Illinois r
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1 ,.
ORD.INANCE
!
AN ORDINANCE APPROVING AN
ANNRY.Nrigg E,EMEN".1.'
WHEREAS, the President and Board of Trustees of the
Village of Buffalo Grove have heretofore held a public hearing
an the question of adoptingg a certain Annexation Agreement by
and between the Citizens Bahk and Trust Company as Trustee under
Trust Agreement dated May 24, 1972 and known as Trust 66-1728,
and the VILLAGE OF BUFFI-10LO GROVE, Cook and Lake Counties, Illinois ;
and
WHEREAS, due notice of said public hearing was given as
required by law; and
WHEREAS, all other pdblic hearings required by law to
execute the provisions of said Annexation Agreement have been.
held in the manner provided by law; and
WHEREAS, the President and Board of Trustees have con-.
sidered said Annexation Agreement and have determined that the
adoption of said Annexation Agreement is in the best interest of.'
the Village of Buffalo Grove,
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE V11',LAGE OF BUFFlu.....aO GROVE :
SECTION 1. That a certain Annexation Agreement by and,
between the VILLAGE OF BUFFALO GROVE, Cook and Lake Counties,
Illinois, and the Citizens Bank and Trust Company as Trustee
under Trust Agreement dated May 24, 1972 and now as Trust 66-1728
dated �� 1973, be and it is hereby approved. A
true and correct copy of said Annexation Agreement, as approved
is attached hereto ana made a part hereof as Exhibit "A''.
SECTION 2. The Village President and the Village Clerk
are hereby authorized to execute said Agreement on behalf of the
Village of Buffalo Grove.
'This ordinance shall be in full force and,
effect from and after its passage a-nd approval in the manner provided
by law.
AYES 11--Z21, NAYESjSy;4t ABSENT
Passed 1973.
Approved__(f,,�,/ 1973.
APPROVED :
0
"TAQ rVildre'..';100,
0 H
iRAST:
Village Clerk If
THIS AGREEMENT, made and entered into this April 9 ,
19737 by and between the VILLAGE OF BUFFALO GROVE , ILLINOIS (some-
times for convenience hereinafter referred to as "Village") , by
and through the President and Board of Trustees of the Village of.
Buffalo Grove (sometimes for convenience hereinafter collectively
referred to as the "Corporate Authorities") , and CITIZENS BANK AND
TRUST COMPANY, as Trustee under Trust Agreement dated May 24, 1972 ,
and known as Trust 66-1728 (hereinafter referred to as the "Owner") ,.
WITNESSETH :
WHEREAS, the Owner is the owner of record of the real estate
(hereinafter referred to as the "Property") comprised of approx-
. imately 39 .8 acres , and legally described in the attached and
incorporated EXHIBIT A, which real estate is contiguous to the
corporate limits of the Village ; and
WHEREAS, Owner desires to permit the development of the Property
with a multiple-family townhouse and condominium project (hereinafter
referred to as the "Project") to contain not to exceed 319 res-
idential units in substantial accordance with the attached proposed
plan of development incorporated herein as EXHIBIT B. dated March
191 1973 , and captioned as "Plan of Development , Swanson & Scholz",
together with the proposed building drawings submitted at public
hearing (as described below in this Agreement) for review by the
Plan Commission and Corporate Authorities (such plan of development
and building plans being hereinafter collectively -referred to as
the '!Plan of Development") ;
WHEREAS, the Owner , after full consideration, recognizes the
many advantages and benefits resulting from the inclusion of the
Project as an integral part pf the Buffalo Grove community, and,
therefore , desires to have the Property annexed to the Village upon
WHEREAS, the Corporate Authorities , after due and careful
consideration, have concluded that the annexation of said real
estate to the Village on the terms and conditions hereinafter set
forth would further the growth of the Village, enable the Village
to control the development of the area and subserve the best
interests of the Village ; and
WHEREAS, pursuant to the provisions of Section 11-15.1-1, et
seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised
Statutes, 1971) , a proposed Annexation Agreement in substance and in
form the sane as .this Agreement was -submitted to the Corporate
Authorities and a public hearing was held thereon pursuant to notice
as provided by statute; and
WHEREAS, pursuant to notice as required by statute and ordinance ,
public hearings (which included review of the Plan of Development)
were held by the Plan Commission of the Village on the request from
the Owner to have the Property so annexed to the Village under the
zoning classification of R-9 Multiple-Family Dwelling District ,
such zoning .to be further subject to the Special Use of Planned
Development, with variances so as to permit the construction and
operation of the Project upon the Property, and favorable recommen-
dations from said Plan Commission were submitted to the Corporate
Authorities ;
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants and agreements herein contained, IT IS HEREBY
AGREED AS FOLLOWS:
1. This Agreement is made pursuant to and in accordance
with the provisions of Section 11-15.1-1, et seq. , of the Illinois
Municipal Code (Chapter 24, Illinois .Revised Statutes , 1971) .
2 . The Owner has filed with the Village Clerk, a proper .
_. � — __ ___-3� .-a __3 +i„-, Irm of th9c Ao*rPPment with the
U= 1.L11w7 tl�i-CC111C111. , W L L L Caa
p
to the Village .
4. The Corporate Authorities , immediately after the passage
of the ordinance annexing the Property as provided in Paragraph 3 ,
shall enact and adopt the proper ordinance or ordinances zoning
and classifying the Property within the R-9 Multiple-Family District ,
subject to a Special Use of Planned Development , and with variances
so as to permit the construction and operation of the Project in
from one to three phases , and in accordance with the Plan of
Development as that Plan of Development has heretofore been approved
by the Plan Commission of the Village of Buffalo Grove and as
described in attached and incorporated EXHIBIT B to this Annex-
ation Agreement , to include 31 eight unit condominium buildings ,
11 six unit townhouse buildings , a model display building , and
a recreational building with swimming pool, with each condominium
building to contain eight 2 bedroom units , each townhouse building
to contain two 2 bedroom units and four 3 bedroom units , and the
model display building to contain two 3 bedroom townhouse type
units , one 2 bedroom townhouse type unit , and two 2 bedroom apart-
ment type (condominium) units , and shall enact and adopt such
other ordinances , resolutions , or other actions as may be required
by the applicable ordinances of the Village so as to permit the
construction and operation of - the Project , including without
limitation its Building Codes ; provided, so long as the maximum
number of units in the Planned Development do not exceed 319,
Owner may increase the number of 3 bedroom units (with a like
reduction in 2 bedroom units) or decrease the same (with a like
increase in 2 bedroom units) up to a variance of twenty-five
percent of the aforementioned unit mix.
5. Subject to paragraph 24 [dedication and recoupment] , Owner
agrees to pay its share (in conjunction with other developers) of
s_.. 4.-It I-4-4-- -.c 4-U- -4P-P-.; 4-- --; f-nv.s. �owex-+ corvine& +nr,i l i tioc Fnr
c
now in effect for similar developments , such tap-on fees to be
payable at the time building permits are issued. Upon the issuance
of Village sewer permits , Owner shall pay the connection fees
provided for in the contract between the Village and Lake County
pertaining to said interceptor sewer and the sanitary sewer service
provided thereby and to comply with all other applicable provisions
thereof . The Corporate Authorities further agree to cooperate
with the Owner in obtaining such permits from governmental agencies
having jurisdiction as may be necessary to authorize such connection
from the Project to the Village system.
6. Subject to paragraph 25 [dedication and recoupment] ,
Owner agrees to pay to the Village tap-on fees for water service
. to the Project equal to $150.00 per each dwelling unit , in accord-
ance with Ordinance 72-27 adopted by the Board of Trustees of the
Village of Buffalo Grove on July 24 , 1972 , and attached and in-_
corporated into this Annexation Agreement as EXHIBIT C. yith such
tap-on fees to be paid at such tines as building permits are
issued from time to time, except as otherwise specified in this
Annexation Agreement . Owner will advance a portion of the pro-
jected water tap-on fees , amounting to $9 ,570.00, at the time of
execution by the Village of this Annexation Agreement and the
effective date of the ordinance annexing the Property to the
Village of Buffalo Grove , provided, the amount of $9 ,570.00 so
advanced by Owner shall be recouped by deducation or offset from
water tap-on fees otherwise collectible according to the following
schedule, up to such amount :
First 200 units (including model units) - No offset
Next 63 units - $150 per unit
64th unit - $120
No additional recoupment for sums so advanced
7. With respect to storm sewer system and facilities serving
the Project , upon their installation such facilities shall be
dedicated to and accepted by the Village and thereafter shall be
maintained by the Village (including the mains and the outfall
structures) , and Owner then shall grant to the Village those ease-
ments deemed reasonably necessary to provide storm sewer system
and facilities maintenance access on, over and across appropriate
portions of the Property, and consistent with the overall develop-
ment of the Project .
8 . The ring road serving the south portion of the Project and
the collector .road .serv.ing .the :north portion of the Project and
their respective entrance areas are variously described on attached
EXHIBIT B as "dedicated road" and "dedicated entrance", and collect-
ively are hereinafter called the "Dedicated Streets". The Dedicated
Streets shall be dedicated to and accepted by the Village and there-
after shall be maintained by the Village . Such dedications , as
to the street portions , shall cover an area forty feet in width,
and shall be' improved by streets which shall measure twenty-four
feet in width as to paved areas , and twenty-seven feet in width
from back-of-curb to back-of-curb. As to the Dedicated Streets ,
the Village will waive its building set back requirements, so as
to require a set back of no less than twenty feet . Within the
Dedicated Streets area Owner may install carriage walks (to be no
less than four feet in width) and so-called "town and country"
mercury vapor lights . No other public streets shall be required
on any part of the Property, and the Village agrees that all streets
to be so dedicated shall be constructed in accordance with Village
standards , that private streets need not be constructed with curbs
and gutters , stabilized shoulders therefor being deemed sufficient ,
and that such construction otherwise shall conform to the engineering
standards set forth in attached EXHIBIT D.
9 . The Corporate Authorities shall approve and issue building
ordinances and rules and regulations thereunder in effect as of
the date of this Agreement and as amended, modified, or varied
• by the terms hereof or as indicated on the attached Exhibits , and
(iii) the Owner has performed its obligations under this Agreement
to the date of submission of such final documents by Owner .
10. The parties recognize that , because of the size of the
proposed development and the time required for its completion,
changes in market demand may occur during the period of development ,
necessitating modification in the Plan of Development . The parties
agree that major changes in the Plan of Development such as land
use modifications or increased densities will require submission
of amended plat or plans , together with proper supporting docu-
mentation, shall be submitted to the Corporate Authorities for
approval.
11. All ordinances of the Village of Buffalo Grove relating
to subdivision controls , zoning , official plan and building,
housing and related restrictions in effect as of the date hereof
(or in the case of a housing code, as it may be subsequently
adopted, and as modified by the terms hereof) shall, insofar as
they apply to the Property, continue in effect during the full
five year effective term of this Agreement, except with the mutual
consent of the parties , but with the exception of regular updating
amendments to the BOCA Code and the Suburban Building Officials
Code , National Electrical Code , and AIA Fire Prevention Code
supplemented by NFPA Volumes , and other similar codes applicable
to the development of the subject Property by the authors of said
codes . The Owner shall cause the standards set forth in attached
and incorporated EXHIBIT D, entitled "Engineering Standards",
issued by the Village of Buffalo Grove, to be met in the development
of the Project .
12 _ The Village agrees that. except as provided in Paragraph
provis Ions oz Lnzs t1�p'I CC111C114 , — -- J ____ __ __ _ _
pursuant thereto, then this Agreement and sucA acts shall take
precedence over such existing or future enacted Resolutions or
ordinances .
13. It is understood and agreed by the parties hereto that
time is of the essence of this Agreement , and that all parties will
make every reasonable effort, including the calling of special
meetings , to expedite the subject matters hereof ; it is further
understood and agreed by the parties that the successful consum-
mation of this Agreement requires their continued cooperation .
14. During the term of this Agreement , the Village shall not
increase or supplement any of its fees with respect to annexation,
zoning , development, construction, and use of the Project (including,
without limitation, building permits and utility acquisition fees) ;
provided, building permit fees may be increased from time to time
(but not more than five percent in any one calendar year) in an
amount not to exceed an aggregate increase over the term of this
Agreement of twenty-five percent over the current fee as of the
effective date of this Annexation Agreement , so long as building
permit fees are applied consistently to all building permit appli-
cants throughout the Village ; and provided further , water and
service tap-on fees and rates may be increased (not retroactively) ,
but only if required by the Village under the terms of existing
water bond ordinances of the Village and the Lake County Sewer
Treatment Agreement dated April 18, 1972.
15. Owner shall grant to the Village the right and authority
to enter upon private portions of the Property for the purpose of
enforcing all Village ordinances and State statutes .
16. Owner , during the term of -this Agreement , for itself,
its beneficiaries , successors and assigns , agrees not to develop or
+w„ axr_nnt aG nrovided in this Agreement ,
parties , and their respective successors and assigns for a full
1r
term of five years commencing as of the date this Agreement is
executed, as provided by statute .
18 . If any provision of this Agreement is held invalid, such
provision shall be deemed to be excised therefrom and the inval-
idity thereof shall not affect any of the other provisions contained
herein .
19 . It is understood and agreed by the parties that the
successful consummation of this Agreement and the development of
the Property in a manner in the best interest of all parties requires
their continued cooperation; and the Owner does hereby evidence its
intention to fully comply with all Village requirements , its willing-
ness to discuss any matters of mutual interest that may arise , and
its willingness to assist the Village and to meet all reasonable
requests of the Village to the fullest extent possible ; and the Cor-
porate Authorities do hereby evidence their continued cooperation in
the resolution of mutual problems and their willingness to facilitate
the development of the Property as contemplated by this Agreement
within the limitations imposed on them by the responsibilities of
their offices and the laws of this State and the ordinances of the
Village .
20. With respect -to the entire Property it is understood and
agreed that a Declaration of Restrictive Covenants (or other instru-
ment establishing the obligations of Owner under this Paragraph 20)
shall be recorded against said real estate which shall be binding on
subsequent owners and which shall provide for a not-for-profit owners
association which shall hold title to and be responsible for the
maintenance and repair of all common areas (excepting any areas
dedicated to the Village) including drives, walks , landscaped open
areas , recreational building, pool, and water retention area and
and/or Owner does not properly discharge such ,-responsibilities,
following ten days written notice , and the failure of the governing
body and/or Owner to rectify said deficiency, the Village may enter
upon the premises , perform the necessary work and assess the cost
of said materials and labor expense against the then Owner(s) of
the Property and/or such governing body, and enforce the collection
of such assessment by action at law or in equity. In the event
any court action is so required, the Village shall recover such ,
costs and expenses together with reasonable attorneys fees .
21 . As to sidewalks :
21 .1 A strip of land seventeen feet in width along the
western boundary of the Property shall be dedicated to and accepted
by the Village . Such dedication shall be in addition to the present
strip thirty-three feet in width previously dedicated, so as to
provide a strip fifty feet in width along Arlington Heights Road
for use as a public sidewalk. Owner shall cause the construction
of a public sidewalk within the area so dedicated, which. sidewalk
thereafter shall be maintained by the Village .
21.2 A strip of land seven feet in width along the
southern boundary of the Property shall be dedicated to and accepted
by the Village , such dedication to be in addition to the present
strip thirty-three feet in width along Checker Road previously
dedicated, so as to provide a strip forty feet in width along
Checker Road, for use as a public sidewalk. Owner shall cause a
public sidewalk to be constructed along the northern boundary of
the Property, which sidewalk thereafter shall be maintained by
the Village .
21.3 A strip of land ten feet in width, designated upon
attached EXHIBIT B as "Pedestrial Pathway", shall be dedicated to
and accepted by the Village within which Owner shall cause to be
installed a walkway surfaced in a manner reasonably acceptable
to the Village and Owner , which walkway thereafter shall be
22 . The Village and Owner agree that Village Resolution
72-35 approved October 24, 1972 (the "Park and School Resolution")
shall be applied as follows , provided all future developers of
projects within the Village are likewise subject to its terms;
22 .1 Owner shall be granted a private open space and
recreational area -and facilities credit , as permitted at Provision
AM of the Park and School Resolution, in an amount equal to the
entire Park and Recreation Land Dedication obligations of Owner
under Provision A of the Park and School Resolution; provided,
the Village shall retain its rights under such Provision A(3) to
require Owner , prior to the time at which the common recreational
area facilities of the Project are to be constructed, to obtain
approval by the Corporate Authorities of the detailed plans for
such facilities , together with approval by the Corporate Authorities
of reasonable security for the maintenance of such private recre-
ational facilities as specified in the Planned Development and as
so approved by the Corporate Authorities .
22.2 The parties agree that the Project to be developed
upon the Property is inappropriate for a school site , and as per-
mitted by Provision C of the Park and School Resolution, a cash
contribution shall be made by Owner in lieu of Provision B requiring
School Site Dedication; provided, the cash contribution by Owner
shall be required as of the date at which building permits are
issued by the Village for the first phase of construction of resi-
dential Units upon the Property, as required by Provision
I of the Park and School Resolution; and provided further, the total
cash contribution required to be so made by Owner under the Park
and School Resolution shall be the sum of $60,250.00 attributable
to the unit mix specified in this Agreement ; provided, such amount
shall be adjustable by reason of actual experience.
23. Owner shall pay to the Village an annexation fee in an
24 . With respect to sanitary sewer jua17■a aiiu 1dV111V
serving the Project , upon installation by Owner , such mains and
facilities (except for service connections to buildings) shall be
dedicated to and accepted by the Village as a part of the Village
sanitary sewer system and thereafter shall be maintained by the Village;
and Owner then shall grant to the Village those easements deemed
reasonably necessary to provide sewer main maintenance access on,
over and across appropriate portions of the Property. To the
extent the Village may require any oversizing of sewer mains , to
the extent of costs reasonably attributable to such oversizing ,
whether onsite or offsite , Owner -shall be entitled to recoup such
oversizing costs , together with interest thereon at an annual rate
of six percent from the date of completion of installation, from
either other benefited property owners (as they commence usage) , or
from the Village if not otherwise recouped by January 1, 1978 .
Such recoupment shall be in the form of a deduction or offset
from any other fees due and owing to the Village , and if none ,
shall be remitted by the Village upon reasonably documented demand.
To the extent Owner has paid any amount in excess of its share
of the costs of installation of offsite sanitary sewer service
facilities , as specified at Paragraph 5 of this Agreement , Owner
shall be entitled to recoup such amounts as may be in excess of
its share , together with interest thereon at an annual rate of
six percent from the date of payment by Owner , from either other
benefited property owners (as they commence usage) , or from the
Village if not otherwise recouped by January 1, 1978 . The Village
shall pass the necessary ordinances to ensure such recoupment or
payment to Owner of the above designated costs and expenses ,
including interest .
25. With respect to water mains 'and facilities serving the
Project , upon installation by Owner , such mains and facilities
(except for service connections to buildings) shall be dedicated
Owner then shall. grant to the Village those easements deemed
reasonably necessary to provide water main maintenance access on,
' over and across appropriate portions of the Property, including
easements for flood prevention maintenance and improvement work.
To the extent the Village may require any oversizing of water mains ,
to the extent of costs reasonably attributable to such oversizing,
whether ons ite or offsite , Owner shall be entitled to recoup such
st thereon at an annual
MICULPATORY PROVISIONS
This instrument is executed by CITIZENS not personally but as Trustee, in the exercise TRUST
RUof eCp�er and Park
Ridges,
c
ANY• Park Ridge, Illinois
upon it as Trustee, and under the express direction of the authority conferred
tain Trust Agreement dated beneficiaries o$ a cer-
to all provisions "of which May 2 4 9 2 and known as Trust No.
Trust Agreement this instrument is expressly made subject, `
It is expressly understood and agreed b
barein to the contrary notwithstanding, that each and all of the re re
y and between the parties hereto, anything
covenants, promises, obligations, liabilities, undertakings and agreements
made on the part of the Trustee while in form ur or P sentations, ,
covenants, er Drese herein
Promises, obligations, liabilities,pundertaki to be the representations, ;
:trustee are nevertheless each and every one of them undertakings and agreements of said
representations, promises, obligations, {R1
g liabilities,mcovenants,ltundertakings andsancee-
,tents by the Trustee or for the purpose or with the intention of bindingsaid
personally but are made and intended for the purpose g
the trust P p se of binding only that Portion of
property specifically held subject to said Trust Agreement, and this instru-
/. meat
is executed and delivered by said Trustee not in its own rights
the exercise of the powers conferred upon it as such Trustee; and that n
liabilityor g � but solely in
personal responsibility is assumed by nor shall at any timeobeeasserted
or enforceable against the CITIZENS BANK &
under said Trust Agreement on account of thisui strST Oum mpANy or
o account of
sentation, covenant, promise, obligation, liabilit R
said Trustee in this instrument contained, either express p ie agreement oer-
sonal liability, if any, beingex r implied, all such per-
sonal expressly waived and released.
By
-4"446,
A t t efin': s iden
CITIZ� BANS AND TRUST CO ANY,
as Trustee under Trust Agreement
dated Ma 4 2, and known as
Trust - 8 an not personally
Attest: By
i
PROPERTY
The west half. of the southwest quarter of Section 32 ,
Township 43 north, Range 11, east of the third Principal
Meridian (except that part thereof described as follows:
Beginning at the northwest corner of said northwest quarter
of the southwest quarter ; thence south on the west line of
said northwest quarter of the southwest quarter 114 .42 ft .
to the center line of Checker Road; thence south easterly
on the center line of said road, 1349 .2 ft . to the east line
of said northwest quarter of the southwest quarter ; thence
north on the east line of said northwest quarter of the
southwest quarter 404.25 ft . to the northeast corner thereof;
thence west on the north line of said northwest quarter of
the southwest quarter to the place of beginning; also ex-
cept that part thereof lying south of a line 1070.75 ft .
north of and parallel with the south .line of said southwest
quarter) , in Lake County, Illinois .
EXHIBIT A