2007-007Ordinance No. 2007 - 7
An Ordinance Approving an Agreement between the Village of Buffalo Grove,
Manchester Villas Homeowners Association, Manchester Greens Condominium Association,
Manchester Greens Phase II Condominium Association and Manchester Greens
Townhome Condominium Association.
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution
of 1970; and,
WHEREAS, Manchester Drive is a private road serving the Manchester Villas Homeowners
Association, Manchester Greens Condominium Association, Manchester Greens Phase II
Condominium Association and Manchester Greens Townhome Condominium Association, (collectively
the "Manchester Community'); and,
WHEREAS, the Village acknowledges that Manchester Drive has unique circumstances that
are not evident elsewhere in the Village.
WHEREAS, the President and Village Board of Trustees after due and careful consideration
have concluded that the Manchester Community may be included on the Village wide contractual street
maintenance program in orderto obtain the Village's costs in the maintenance, repair, and replacement
of pavement, curbs, gutters and storm sewer inlets in the curb line located within Manchester Drive.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. The foregoing Whereas clauses are hereby incorporated herein.
Section 2. The Village President and Village Clerk are hereby authorized to execute the
Agreement, a copy of which is attached hereto.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval. This Ordinance shall not be codified.
AYES: 6 - Braiman, Glover, Berman, Kahn, Trilling, Rubin
NAYES: 0 - None
ABSENT: 0 - None
ABSTAIN: 0 - None
PASSED: February 20 2007.
APPROVED' February 20 2007.
APPROVED:
!070
Village President
ATTEST:
Village Clerk
NeAlLegal /Manchester Ord 2- 13- 07.doc
s
2 -22 -07
AGREEMENT
n
The Agreement is made and entered into on thisQe day of & , , , 2007, by and
between the Village of Buffalo Grove, an Illinois Home Rule municipal corpo ion (hereinafter
referred to as the "Village "), the Manchester Villas Homeowners Association, an Illinois not -for-
profit corporation (hereinafter referred to as the "Manchester Villas "), the Manchester Greens
Condominium Association, an Illinois not - for - profit corporation (hereinafter referred to as
"Manchester Condo -Phase I "), Manchester Greens Phase II Condominium Association, an
Illinois not - for -profit corporation (hereinafter referred to as "Manchester Condo -Phase II") and
Manchester Greens Townhome Condominium Association, an Illinois Condominium
Association (hereinafter referred to as "Manchester Townhome ") (collectively referred to as the
"Associations "). The Village and the Associations are sometimes hereinafter referred to as the
"Parties."
Witnesseth
WHEREAS, the Associations exercise certain power and authority over that real
property within the Village commonly known as the Manchester Greens Subdivision
( "Manchester Greens "), which area is depicted on the Location Map which is attached hereto and
made a part hereof as Exhibit "A "; and
WHEREAS, the Manchester Greens Subdivision was platted pursuant to four plats of
Subdivision entitled (i) Manchester Greens — Phase I, (ii) Manchester Greens — Phase II Condo,
(iii) Manchester Greens — Phase II , and (iv) Manchester Greens — Phase II — First Resubdivision,
which plats of subdivision have be duly recorded with the Lake County Recorder; and
WHEREAS, pursuant to the recorded Plat of Subdivision of Manchester Greens — Phase
I there was created a private road known as Manchester Drive (as depicted on said Plat of
Subdivision) and pursuant to the recorded Plat of Subdivision of Manchester Greens — Phase lI
there was created a private road known as Manchester Drive and Manchester Court (as depicted
on said Plat of Subdivision and also labeled "Lot A" and "Access Easement "); Manchester Drive
and Manchester Court as hereinbefore described shall hereinafter collectively be referred to as
"Manchester Drive"; and
WHEREAS, Manchester Villas and Manchester Greens -Phase I, have affirmatively
represented to the Village that they are the sole owners of Manchester Drive; and
WHEREAS, Manchester Villas and Manchester Greens -Phase I, through their Boards of
Directors, have requested of the Village the ability to obtain favorable costs in the maintenance,
repair and replacement of pavement, curbs, gutters, and storm sewer inlets in the curb line; all
facilities being located within Manchester Drive (hereinafter sometimes collectively referred to
as the "Manchester Drive Project "); and
WHEREAS, Manchester Villas and Manchester Greens -Phase I have entered into a
written agreement whereby Manchester Greens -Phase I has granted authority to Manchester
Villas to act as the agent for Manchester Greens -Phase I in contracting with and coordinating
with the Village for any work to be performed pursuant to this Agreement; and
WHEREAS, the Village provides for a yearly Village wide contractual street
maintenance program; and
WHEREAS, the Village acknowledges that Manchester Drive has unique circumstances
that are not evident elsewhere in the Village.
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
herein and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties, hereto agree as follows:
I. Incorporation of Recitals: The recitals heretofore set forth are incorporated herein and
made a part hereof.
II. Representations and Warranties: The Associations represent and warrant to the
Village that:
A. the foregoing Recitals are true and correct,
B. they have fully informed their members and all unit owners within the Manchester
Greens Subdivisions of this Agreement and the content thereof,
C. they have fulfilled all necessary procedures that are required in order to have the
authority to execute this Agreement, represent their members and bind their Associations, and
D. they understand and agree that the Manchester Drive Project includes maintenance, repair
and replacement of pavement, curbs, gutters, and storm sewer inlets located only within the
paved areas of Manchester Drive and Manchester Court and does not include any work upon or
to the driveways, driveway aprons, or sidewalks that abut Manchester Drive and Manchester
Court .
-2-
IiI. Village Responsibilities, Liabilities and Rights
A. The Village, in its discretion, may include the Manchester Drive Project in its bidding
procedure for the yearly Village wide contractual street maintenance program.
B. The Village shall not be responsible or liable for any contractor's, consultant's,
employee's, or agent's construction means, methods, techniques, sequences or procedures, time
of performance, or safety precautions or programs incident to the Manchester Drive Project, or
their failure to perform work in accordance with the construction contract documents or other
contracts entered into by the Village.
C. No warranty or guarantee is given by the Village for any work to be performed pursuant to
this Agreement.
D. There shall be no use of Illinois Motor Fuel Tax funds (MFT) on the Manchester Drive
Project.
IV. Associations' Responsibilities, Liabilities and Rights
A. The Manchester Villas Homeowners' Association and the Manchester Greens
Condominium Association, shall be responsible for all costs incurred by the Village regarding
the Manchester Drive Project, including but not by way of limitation, engineering consultant
services, material testing services, contractors and sub - contractors services, and Village staff
services.
B. The Manchester Villas Homeowners' Association shall appoint one authorized
representative to coordinate all matters with the Village that are necessary and relevant to this
Agreement.
C. The Associations hereby grant to the Village, its employees, agents, consultants,
contractors, and subcontractors a non - exclusive easement to enter upon Manchester Drive and
Manchester Court and other land owned by the Associations to undertake and perform all work
necessary for the Manchester Drive Project.
D. This Agreement has been negotiated by all Parties and shall not be interpreted or
construed against the Party drafting this Agreement.
V. Payments
A. Payments for work performed pursuant to this Agreement shall be made to the Village
within thirty (30) calendar days of receipt of an invoice. Invoices pursuant to this Agreement
shall be rnailed to Manchester Villas. Any payments not received within said period following
the date on the invoice shall bear interest at the rate of one percent (1 %) per month on the
amount then past due.
-3-
B. If complete reconstruction of Manchester Drive is required, payment shall be made to the
Village at the time of the bid award. The Village may accept the payment in escrow until such
time that it is withdrawn.
C. In the event of default of payment to the Village of any amounts due and owing, the
Village shall have all of the rights and remedies available at law or in equity including, but not
by way of limitation, the right to charge or place a lien upon the Common Elements created
pursuant to the Manchester Greens Declaration of Condominium and the Manchester Villas
Declaration of Condominium, and to enforce all lien rights pursuant to law.
VI. Notices
Any notice required pursuant to the provisions of this Agreement shall be in
writing and be sent by certified mail to the following addresses until notice of change of address
is given and shall be deemed received on the third business day following deposit in the U.S.
Mail
To the Village: Village of Buffalo Grove
Attn.: Village Clerk
50 Raupp Boulevard
Buffalo Grove, Illinois, 60089
with a copy to: William G. Raysa, Esq.
Raysa & Zimmermann, LLC..
22 Washington
Park Ridge, Illinois 60068
OcMAO YQ er
To Manchester Villas: 4441 m-Rzeel�.k, President Pry
66 Manchester Drive
Buffalo Grove, Illinois 60089
with a copy to: Villas at Manchester Green
c/o Rowell Incorporated
800 E. Northwest Highway, Suite 800
Palatine, IL 60074
To Manchester Condo
Phase I: Louise Baumstark, President
170 Manchester Drive
Buffalo Grove, Illinois 60089
-4-
with a copy„ to: Manchester Greens Condo Assn.
c/o McGill Management, Inc.
1314 N. Rand Rd.
Arlington Heights, IL 60004
To Manchester Condo
Phase II: Alvin Cohen, President
140 Manchester Drive
Buffalo Grove, Illinois 60089
with a copy to: Manchester Green Condo Assoc. Phase II
c/o Association Specialists, Inc.
830 S. Buffalo Grove Rd., Suite 100
Buffalo Grove, I160089
To Manchester C. Uehler, President
Townhomes 151 Manchester Drive
Buffalo Grove, Illinois 60089
VII. Indemnitv
The Associations, jointly and severability shall and hereby agree to defend, hold harmless
and indemnify the Village, its President, Trustees, employees, agents and attorneys from and
against any and all claims, demands, suits, damages, liabilities, losses, expenses, and judgments
which may arise out of this Agreement. The obligation of the Associations in this regard shall
include but shall not be limited to all costs and expenses, including reasonable attorneys' fees,
incurred by the Village in responding to, defending against, or settling any such claims,
demands, suits, damages, liabilities, losses, expenses or judgments. The Associations covenant
that they will reimburse the Village, or pay over to the Village, all sums of money the Village
pays, or becomes liable to pay, by reason of any of the foregoing, and will make payment to the
Village as soon as the Village becomes liable therefor. In any suit or proceeding brought
hereunder, the Village shall have the right to appoint counsel of its own choosing to represent it.
VIII. Termination
-5-
This Agreement may be terminated, in whole or in part, by any party to this Agreement
for convenience and without cause. However, no such termination may be effected unless the
terminating party gives all Parties hereto not less than ninety (90) calendar day's written notice
of the intent to terminate. If this Agreement is terminated, the Village shall be paid for all
services performed to the effective date of termination, including but not limited to, reimbursable
expenses.
IX Headings
All Section headings or other headings in this Agreement are for general aid of the reader
and shall not limit the plain meaning or application of any or the provisions thereunder whether
covered or relevant to such heading or not.
X. Counterparts
This Agreement may be executed in two (2) or more counterparts each of which taken
together, shall constitute one and the same instrument.
Xl. No Waiver Or Relinquishment Of Right To Enforce Agreement
Failure of any party to this Agreement to insist upon the strict and prompt performance of
the terms, covenants, agreements and conditions herein contained, or any of them, upon any
other party imposed, shall not constitute or be construed as a waiver or relinquishment of any
party's right thereafter to enforce any such term, covenant, agreement or condition or condition,
but the same shall continue in full force and effect.
XII. Severability
The invalidity of any paragraph or subparagraph of this Agreement shall not impair the
validity of any other paragraph or subparagraph. If any provision of this Agreement is
determined to be unenforceable, such provision shall be determined severable and the Agreement
may be enforced with such provision severed or as modified by such court.
XIII. Governing Law
This Agreement shall be deemed to have been executed, delivered and accepted in the
State of Illinois and shall be construed pursuant to and in accordance with the laws of the State of
Illinois.
-6-
XIV. Execution and Binding Effect
This Agreement shall be effective after its execution by the parties hereto and shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
ATTEST:
yyn
i_
Village Clerk
Village of Buffalo Grove, an Illinois Municipal
Corporation
By./
Village President
Manchester Villas Homeowners' Association, an
Illinois not - for - profit corporation.
By: 9 -6
President
ATTEST:
1
"e�/t/
vi
Manchester Greens Townhome
Condominium Association, an
Illinois not - for -profit corporation.
President
ATTEST:
�� 1`ti�FSS
-7-
Title
Manchester Greens Condominium Association,
Phase II, an Illinois not- for - profit corporation.
By: `
President
Manchester Greens Condominium Association, an
Illinois not - for - profit corporation.
Y�
President
ATTEST: j
Title
FABuffalo Grove\Manchester GreensUvlanchester Greens Drive.doc
NeATegaWanchesterAgnnt. doc
-8-
ACKNOWLEDGMENT
STATE OF ILLINOIS )
SS
COUNTY OF LAKE )
This instrument was acknowledged before me on thee day of
2006, by Elliott Hartstein, the Village President of the VILLAGE OF BUFFALO GROVE, an
Illinois municipal corporation and by Janet Sirabian, Village Clerk of said Municipal
ion .
"OFFICIAL SEAL"
MOM FAY RUBIN
�EOF
iuwae COMMISSION EXPIRES 01/24/08
of y Public
SEAL:
My Commission expires:
0
ACKNOWLEDGMENT
STATE OF ILLINOIS
SS
COUNTY OF LAKE
'fhi instrument was acknowledged before me on the n day of /L06 -057
.2 o0% Y'gersi- .
.280G, by , the President of the Manchester Villas Homeowners' 4 Association, an
�
not - for -profit Illinois corporation and by '' a6/11r4 od
of said corporation.
Notary Public
SEAL: OFFC4k SE&
MARILYN FWJO"
NorARY R" -VATI OF LUWW
Mvca�aao�s�mroe
My commission expires: � ^(--;? 6 -0
-10-
ACKNOWLEDGMENT
STATE OF ILLINOIS
SS
COUNTY OF LAKE
This i trument was acknowledged efore me on the day of AyGU
12,
2�, by the President of the Manchester Greens
Townhome Condominium Association, an Illinois non- for - profit corporation and by
of said corporation.
OFFICIAL SEAL
MARILYN FISCHMAN
NOTARY PUBLIC - STATE OF ILUNM f
W COWSSION EXPORESV700
4tary Public
SEAL:
My Commission expires: 7 ,26 —�
-11-
ACKNOWLEDGMENT
STATE OF ILLINOIS
SS
COUNTY OF LAKE
AL) 6�u sT
This instrument was acknowledged before me on the 17 day of
by k� N L- Co y( (n the President of the Manchester Greens
Condominium Association, Phase II, an not - for - profit Illinois corporation and
by SP i w A K I of said corporation.
OFFICIAL SEAL
MARILYN STATE FISCHMAN
OF
STATE
NOTARY PUBLIC - OF N.LINOIS
W COMMISSION E)MRES.07rA 8
Notary PUdlic
SEAL:
My commission expires
% 's,2 (o D F-
-12-
ACKNOWLEDGMENT
STATE OF ILLINOIS )
SS
COUNTY OF LAKE )
AVC7 This instrument was acknowledged before me on the LL_ day of AU 6-015 r
3OWby Lo j IS 6, the President of the Manchester Greens
Condominium Association, an Illinois not- for - profit corporation and by
M\0-nAC- 0 > �4J of said corporation.
OFFICIAL SEAL otary Public
MARILYN FISCHMAN
SEAL: NOTARY PUBLIC - STATE OF ILLINOIS
W COMSSION E%PIRES:0742g/08
My Commission expires: -7 ' ,26,d 7
-13-
I
a Li --
McHENRY RO a
M-1
�l
J oea< -oor
cu tn
0
O
Q.
b
N
ANO
CU
(�j d mn in
y M N ry N N CU N
C d� v1 30V1NIA
o co TOb
H ono
nNi o E06
N SOb C
ti
3obl 606
01
M�
W
O
a:
Ln
o�
O`
O l
�`RD�� DR
poi o
w
o0'
a
Ln
o�
\ o C�
W in
0
0
w
i4
Ji
c
L
V
E o
w
c
�
bi C -OCc'
�
U
as
a Li --
McHENRY RO a
M-1
�l
J oea< -oor
cu tn
0
O
Q.
b
N
ANO
CU
(�j d mn in
y M N ry N N CU N
C d� v1 30V1NIA
o co TOb
H ono
nNi o E06
N SOb C
ti
3obl 606
01
M�
W
O
a:
Ln
o�
O`
O l
�`RD�� DR
poi o
w
o0'
a
Ln
o�
\ o C�
W in
0
0
w
i4
Ji
c
L
V
E o
w
c