2008-065(F)
8/14/2008
IIIIIIIIIIIII IIIGIIIII IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Image# 043854110008 Type: ORD
Recorded: 09/25/2008 at 01:15:00 PM
Receipt#: 2008 - 00049813
Total Amt: $33.00 Pape 1 of 8
IL Rental Housq Fund: $0.00
Lake County in
IL Recorder
Mary Ellen Vanderventer Recorder
File6394828
This space for Recorder's use only
ORDINANCE NO. 2008- 65
AN ORDINANCE PROVIDING FOR THE RECOUPMENT OF
ADVANCES FOR CONSTRUCTION! OF A TRAFFIC SIGNAL
AT APTAKISIC ROAD AND LEIDER LANE
WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, Illinois, an Illinois
municipal corporation (hereinafter sometimes referred to as "Village "), is a Home Rule Unit by
virtue of the Illinois Constitution of 1970; and,
WHEREAS, Peerless Bridge, LLC, an Illinois limited liability company is hereinafter
sometimes hereinafter referred to as "Developer "; and,
WHEREAS, the Developer has agreed to cause the construction of a traffic signal at the
intersection of Aptakisic Road and Leider Lane (hereinafter referred to as the "Recapture
Improvements"); and,
WHEREAS, the Village and Developer have agreed that inasmuch as the Recapture
Improvements , when constructed, would benefit neighboring properties not owned by the
Developer; and that the Developer should recover a proportionate amount of the cost of
construction from the benefited owners; and,
WHEREAS, it is equitable and fair that the owners of the benefited parcels share the
cost and expense for the Recapture Improvements on a proportionate basis; and,
WHEREAS, there is a total of 98.358 acres which are benefited by the Recapture
Improvements; and, -
WHEREAS, there is 38.50 acres of benefited property lying north of Aptakisic Road to
which this Ordinance does not apply; and,
WHEREAS, the "Benefited Parcels" lying south of Aptakisic Road, as shown on "Exhibit
A" attached hereto and made a part hereof, are legally described as follows:
PARCEL 1: LOTS 1, 2 AND 3 IN THE APTAKISIC CREEK CORPORATE
PARK SUBDIVISION RECORDED AUGUST 11, 2008, AS DOCUMENT NO.
6379848, IN LAKE COUNTY, ILLINOIS.
PIN NUMBERS: 15-27-100-010,15-27-100-031, AND 15 -27- 100 -032
�, i
PARCEL 2: THAT PART OF THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON
THE SOUTH LINE OF THE NORTHWEST QUARTER AFORESAID, SAID
POINT BEING 571.75 FEET EAST OF THE SOUTHEAST CORNER OF THE
WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER;
THENCE NORTHERLY 2630.63 FEET TO A POINT ON THE CENTER LINE
OF APTAKISIC ROAD, SAID POINT BEING 156.95 FEET EASTERLY OF THE
INTERSECTION OF SAID CENTER LINE OF ROAD WITH THE NORTH LINE
OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP AND RANGE
AFORESAID; THENCE EASTERLY ALONG THE CENTER LINE OF SAID
APTAKISIC ROAD, 769.57 FEET; THENCE SOUTHERLY 2527.0 FEET TO A
POINT ON THE SOUTH LINE OF THE NORWEST QUARTER OF SAID
SECTION 27, SAID POINT BEING 571.75 FEET EAST OF THE POINT OF
BEGINNING; THENCE WEST ALONG SAID SOUTH LINE OF THE
NORTHWEST QUARTER 571.75 FEET TO THE POINT OF BEGINNING,
(EXCEPT THEREFROM THAT PART OF THE AFOREDESCRIBED TRACT
LYING NORTH OF A LINE DESCRIBED AS COMMENCING AT A POINT
657.17 FEET SOUTHERLY AS MEASURED ALONG THE WESTERLY LINE
OF SAID TRACT) FROM THE NORTHWEST CORNER OF SAID TRACT;
THENCE EAST AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID
TRACT TO A POINT ON THE EAST LINE OF SAID TRACT, AND EXCEPT
THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT A
POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER
AFORESAID, SAID POINT BEING 571.75 FEET EAST OF THE SOUTHEAST
CORNER OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST
QUARTER; THENCE NORTHERLY 656.0 FEET ALONG A STRAIGHT LINE
TOWARD A POINT ON THE CENTER LINE OF APTAKISIC ROAD; SAID
POINT BEING 156.93 FEET EASTERLY OF THE INTERSECTION OF SAID
CENTER LINE OF ROAD WITH THE NORTH LINE OF THE NORTHWEST
QUARTER OF SECTION 27, THENCE NORTHEASTERLY ALONG A LINE
FORMING AN ANGLE OF 60 DEGREES 34 MINUTES 20 SECONDS FEET
NORTH TO EAST WITH A PROLONGATION OF THE LAST DESCRIBED
LINE 743.38 FEET; THENCE SOUTHERLY 995.0 FEET TO A POINT ON THE
SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 27, 571.75
FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG SAID
SOUTH LINE OF THE NORTHWEST QUARTER 571.75 FEET TO THE POINT
OF BEGINNING, IN LAKE COUNTY, ILLINOIS.
PIN NUMBER: 15 -27- 100 -018
PARCEL 3: THAT PART OF THE NORTHWEST QUARTER OF SECTION 27
TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE
EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SECTION 27, 1087.50 FEET NORTH OF THE
SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27;
THENCE NORTH ALONG SAID WEST LINE 337.42 FEET; THENCE EAST
ALONG A LINE PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 27, 6565.45 FEET; THENCE SOUTH 337.85
FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 27, 636.85 FEET EAST OF THE
PLACE OF BEGINNING; THENCE WEST ALONG SAID PARALLEL LINE
636.85 FEET TO THE PLACE OF BEGINNING, LAKE COUNTY, ILLINOIS.
PIN NUMBER: 15 -27- 100 -017
ALV. 6,
VV I sr
PARCEL 4: THAT PART OF THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: LYING NORTHERLY OF THE
CENTERLINE OF THE APTAKISIC CREEK BEGINNING AT THE
SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID
NORTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF THE
WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER, A
DISTANCE OF 1087.50 FEET; THENCE EAST ALONG A LINE PARALLEL
WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF
636.85 FEET TO A POINT ON THE MOST EASTERLY LINE OF LANDS
CONVEYED BY DEED RECORDED AS DOCUMENT 1557315; THENCE
SOUTH ALONG SAID EASTERLY LINE, 1088.86 FEET TO A POINT ON SAID
SOUTH LINE 571,75 FEET EAST OF SAID SOUTHEAST CORNER; THENCE
WEST ALONG SAID SOUTH LINE, 571.75 FEET TO THE HEREINABOVE
DESIGNATED POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS.
PIN NUMBER: 15 -27- 100 -034
WHEREAS, the estimated cost of the Recapture Improvements is as follows:
SIGN PANEL -TYPE 1
SO FT
B
1 $100.00
$600
CONDUIT SPLICE
EACH
2
1 $200.00
$400
HANDHOLE
EACH
2
1 $1,300.00
$2,600
DOUBLE HANDHOLE
EACH
2
1 $2,100.00
$4,200
ELECTRIC CABLE IN CONDUIT, 600V (EPR-TYPE RH 2 -11C NO. 10
FOOT
926.51
$1.75
$1,621
LUMINAIRE, SODIUM VAPOR, HORIZONTAL MOUNT, PHOTOCELL CONTROL,
250 WATT
EACH
4
$540.00
$2,160
MAINTENANCE OF EXISTING TRAFFIC SIGNAL INSTALLATION
LS
1
$1,500.00
$1,500
FULL ACTUATED CONTROLLER, IN TYPE IV CABINET, NEMA -TS2, SPECIAL
EACH
1
$21,750.00
$21,750
TRANCEIVER - FIBER OPTIC
EACH
1
$3,500.00
$3,500
FIBER OPTIC CABLE IN CONDUIT, NO. 62,51125 36 FIBER (12MULTIMODE, 24
SINGLE MODE
FOOT
1669
$5.50
$9,180
ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 2C
FOOT
2482
$1.25
$3,103
ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 3C
FOOT
2049
$1.50
$3,074
ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 SC
FOOT
497
$1.75
$870
ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 7C
FOOT
2591
$2.00
$5,182
STEEL COMBINATION MAST ARM ASSEMBLY AND POLE 44 FT. (SPECIAL)
EACH
1
$16,000.00
$16,000
STEEL COMBINATION MAST ARM ASSEMBLY AND POLE 48 FT. (SPECIAL)
EACH
1
$25,000.00
$25,000
STEEL COMBINATION MAST ARM ASSEMBLY AND POLE 50 FT. SPECIAL
EACH
1
$30,000.00
$30,000
STEEL COMBINATION MAST ARM ASSEMBLY AND POLE 55 FT. (SPECIAL)
EACH
1
$35,000.00
$35,000
CONCRETE FOUNDATION, TYPE A
FOOT
16
$300.00
$4,800
CONCRETE FOUNDATION, TYPE C
FOOT
4
$350.00
$1,400
CONCRETE FOUNDATION, TYPE E 36 -INCH DIAMETER
FOOT
60
$210.00
$12,600
DRILL EXISTING HANDHOLE
EACH
2
$250.00
$506
TRAFFIC SIGNAL BACKPLATE, LOUVERED, ALUMINUM
EACH
8
$175.00
$1,400
LIGHT DETECTOR
EACH
2
$1,200.00
$2,400
LIGHT DETECTOR AMPLIFIER
EACH
1
$2,000.00
$2,000
PEDESTRIAN PUSH BUTTON
EACH
8
$350.00
$2,800
TEMPORARY INTERCONNECT
EACH
1
$8,000.00
WOW
REMOVE EXISTING HANDHOLE
EACH
1
$300.00
$300
TRAFFIC CONTROL AND PROTECTION
SEE BELOW
LED INTERNALLY ILLUMINATED STREET NAME SIGNS
EACH
4
$3,800.00
$15,200
PEDESTRIAN SIGNAL HEAD, LED, 1 FACE, BRACKET MOUNTED WITH
COUNTDOWN TIMER
EACH
8
$1,100.00
$8,600
VIDEO DETECTION SYSTEM, COMPLETE INTERSECTION
EACH
1
$33,000.00
$33,000
REMOTE CONTROLLED VIDEO SYSTEM
EACH
1
$17,500.00
$17,500
ELECTRIC CABLE IN CONDUIT, COMMUNICATION NO. 18, 3C
FOOT
926.5
$2.00
$1,853
TRAFFIC SIGNAL POST 16 FT. SPECIAL
EACH
4
$3,200.00
$12,800
LAYER II (DATA LINK) SWITCH
EACH
1
$2,500.00
$2,500
CONDUIT IN GROUND, 2" DIA., GALVANIZED STEEL
FOOT 15151
$15.00
$7,725
CONDUIT IN GROUND, 2 1/2" DIA., GALVANIZED STEEL
FOOT
69
1 $27.00
$1,863
CONDUIT IN GROUND, 3" DIA., GALVANIZED STEEL
FOOT
66
1 $28.00
$1,848
CONDUIT IN GROUND, 4" DIA., GALVANIZED STEEL
FOOT
502
$34.00
$17,068
UNINTERRUPTIBLE POWER SUPPLY
EACH
1
$9,500.00
$9,500
ELECTRIC CABLE IN CONDUIT, TRACER, NO. 141/C
FOOT
1669
$1.00
$1,669
ELECTRIC CABLE IN CONDUIT, NO.6 2/C
FOOT
159
$2.00
$318
SERVICE INSTALLATION, POLE MOUNTED
EACH
1
$1,500.00
$1,500
ELECTRIC CABLE IN CONDUIT, GROUNDING, NO. 6, 11C
FOOT
1200
$2.00
$2,400
ELECTRIC CABLE IN CONDUIT, NO. 20 3C, TWISTED, SHIELDED
FOOT
511
$1.25
$639
SIGNAL HEAD, LED, 1 -FACE, 3- SECTION, MAST ARM MOUNTED
EACH
2
$1,150.00
$2,300
SIGNAL HEAD, LED, 1 -FACE, 5- SECTION, BRACKET MOUNTED
EACH
6
$1,600.00
$9,600
SIGNAL HEAD, LED, 1 -FACE, &SECTION, MASTARM MOUNTED
EACH
6
1 $1,650.00
$9,900
REMOVE AND REINSTALL FIBER OPTIC CABLE IN CONDUIT
LS
1 1
$3,000.00
$3,000
RE- OPTIMIZE TRAFFIC SIGNAL SYSTEM
LS
1 1
$7,000.00
$7,000
ELECTRIC CABLE IN CONDUIT, COAXIAL
FOOT
111 1
$2.00
$222
TRAFFIC SIGNAL EQUIP. CROSSING TO PROTECT INTEGRITY OF HWY
PAVEMENT
EACH
2 1$20,000.001
$40,000
TRAFFIC CONTROL AND PROTECTION 5% OF CONST. C
L.SUM
1
1 1$20,507.15
$20,507
ENGINEERING AND CONSTRUCTION 17% OF CONST. C
L.SUM
1 1$69,724.311
$69,724
ESTIMATED TRAFFIC SIGNAL IMPROVEMENTS
1
IS500.3741
WHEREAS, there are 59.858 acres of benefited property to which this
Recapture Ordinance shall apply; and,
WHEREAS, the estimated amount to be recaptured is $304,477.85.
WHEREAS, the proportionate share of benefit to each of the Benefited Parcels,
determined on acreage basis, is as follows:
PARCEL COMMON NAME
ACRES
PERCENTAGE
1 (Bridge — Buffalo Grove
28.773
48.07%
2 (Leider)
17.661
29.50%
3 Terico or BGMF
5.009
8.37%
4 Laidlaw
8.415
14.06%
TOTAL
59.858
100.00%
WHEREAS, the Developer's benefit of the Recapture Improvements has been
determined to be 48.07% for Parcel 1; and,
WHEREAS, the Developer has waived, in writing, the collection of the proportionate
share of the Recapture amount on Parcel 3, which parcel's benefit has been determined to be
8.37 %; and,
WHEREAS, it has been agreed by and between the Developer and the Village that the
estimated amount to be recaptured ( "Estimated Recapture Amount") from the remaining
Benefited Parcels is as follows:
ESTIMATED
PARCEL PROPORTIONAL SHARE RECAPTURE AMOUNT
2 29.50% $ 89,820.97
4 14.06% $ 42.809.59
Total Estimated Recapture Amount $132,630.56
WHEREAS, following completion of the Recapture Improvements by the Developer the
final cost of the Recapture Improvements shall be submitted to and approved by the Village
Engineer who shall then determine the "Final Recapture Amount" for each benefited parcel.
4
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS, in furtherance of its home rule authority, as follows:
Section 1: The hereinbefore stated whereas clauses are incorporated herein and made a
part hereof.
Section 2:
A. No annexation to the Village involving Benefited Parcel 4, or portion thereof, shall be
approved unless the applicant shall pay the Final Recapture Amount plus interest to the Village.
B. No Village permit shall be issued or rezoning for Benefited Parcel 2 shall be
approved for any redevelopment on Parcel 2 with uses that create a substantial increase in traffic
impact compared to the current uses on Parcel 2, as determined by the Village, unless the
applicant shall pay the Final Recapture Amount plus interest to the Village.
C. The interest rate on the Final Recapture Amount shall be at an annual rate of 6%
from the date of initial acceptance by the Village of the Recapture Improvement to the date of
payment to the Village.
Section 3: Funds received by the Village of Buffalo Grove as and for the Recapture
Amounts shall be remitted to Developer less a five percent (5 %) collection charge which shall be
retained by the Village as the cost of collection. ft is understood that any payments to the
Developer shall be limited to the funds collected from the Benefited Parcels and payment made
hereunder shall be solely out of said funds. This Ordinance shall not be construed as creating
any obligation upon the Village to make payments from its general funds or revenue.
Section 4: The Village shall endeavor in good faith to enforce the provisions hereof and
to collect the Recapture Amount as established herein. It is understood that the Village shall not
be liable in any way in the event that it shall fail, for any reason whatsoever, to collect or enforce
the payment of the Recapture Amount. The Village's obligation is limited to the amount or
amounts actually collected pursuant to the provisions of this Ordinance.
Section 5: The Developer shall indemnify, defend and save harmless the Village, its
officers, agents and employees, from any and all actions, claims or demands arising out of the
existence, terms administration, enforcement or attempted enforcement of any provision of this
Ordinance. The Developer will hold the Village, its officers, agents and employees free and
harmless from any costs, fees (including attorney's fees and expenses) or judgments which the
Village, its officers, agents or employees may incur or become liable for pursuant to any such
action, claim or cause of action.
Section 6: In the event any part or portion of this Ordinance is held invalid or
unenforceable by a court of competent jurisdiction, the remaining portions hereof shall continue
in full force and effect.
Section 7: Any person, firm, corporation or other entity being the owners of any parties
interested in Benefited Parcel 2 or 4 herein above - described or any contractor, agent or
representative of such person, firm or corporation making any connection with the Recapture
Improvements without first making application and paying the amounts required shall be subject
to a fine of not less that $50.00, no more than $500.00. The Village shall have the right to enter
on the property without notice or permission and remove all such connections so made in
addition to all other remedies in law or equity.
Section 8: This Ordinance shall only be enforceable and in effect until August 18, 2015.
Section 9: This Ordinance shall be in full force and effect from and after its passage,
approval and publication. This Ordinance may be published in pamphlet form. This Ordinance
shall not be codified.
AYES: 5 - Braiman, Glover, Berman, Kahn, Trilling
NAYES: 0 - None
ABSENT: 1 - Trilling
PASSED: September 8 2008
APPROVED: September 8 .2008
PUBLISHED: September 9 2008
APPROVED:
G"�
Village Presiders
ATTEST:
Villag erk
THIS DOCUMENT PREPARED BY: RECORDER MAIL TO:
William G. Raysa, Esq. Village Clerk
Raysa & Zimmerman, LLC Village of Buffalo Grove
22 South Washington Avenue 50 Raupp Boulevard
Park Ridge, IL 60068 Buffalo Grove, IL 60089
G:IENGINEER1Ord & Res\Ord08 -1 8- 14- 08.doc
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1527100031
1527100032
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1527100017
1527100010
152-7100034
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100018
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PEERLESS BRIDGE, LLC
233 South Wacker Drive, Suite 375
Chicago, Illinois 60606
April 7, 2008
BY ELECTRONIC MAIL
AND REGULAR MAIL
BGMF, LLC
c/o Scott Gudmondson, Esq
Meltzer, Purtill & Stelle
1515 Woodfield Road
Suite 250
Schaumburg, Illinois 60173
Dear Messrs. Gudmondson and Raysa:
BY ELECTRONIC MAIL
AND REGULAR MAIL
Village of Buffalo Grove
c/o Village Attorney, William Raysa, Esq.
Raysa & Zimmermann LLC
22 S. Washington Avenue
Park Ridge, Illinois 60068
1. 1 am an authorized representative of Peerless Bridge, LLC an Illinois limited
liability company ( "Peerless Bridge") and have been authorized to execute and deliver
this Letter on behalf of Peerless Bridge.
2. BGMF, LLC, an Illinois limited liability company ('BGMF "), Peerless Bridge, and
certain other parties entered into an escrow agreement with Chicago Title on or about
July 30, 2007 through which certain documents were recorded by the Lake County
Recorder of Deeds on September 18, 2007, including (i) that certain Access Easement
Agreement (recorded as document number 6243202); (ii) that certain Stormwater,
Signage and Construction Easement Agreement (recorded as document number
6243203); and (iii) that certain Annexation and Development Agreement (recorded as
document number 6243200) (collectively, the "Agreements "). Each capitalized term not
otherwise defined in this letter shall have the meaning ascribed to it in the afore
mentioned Access Easement Agreement. Pursuant to the Agreements, Peerless Bridge
(having acquired the North Parcel) is: (a) constructing, installing and extending certain
utilities, including water, storm and sanitary sewer systems, through, among other
areas, an easement adjacent to Parcel 6, and (b) installing a traffic signal on Aptakisic
Road at the intersection with the private road serving the North Parcel, Parcel 5 and
Parcel 6, and making certain other traffic infrastructure improvements in, on or about
such private road, all as described in the Agreements and herein collectively referred to
as the 'Bridge Improvements."
Letter to BGMF, LLC anc, r illage of Buffalo Grove
Page 2 of 2
3. As a material consideration and inducement for BGMF to enter into the escrow
agreement and the Access Easement Agreement, in addition to the mutual
consideration described in the Access Easement Agreement that Peerless Bridge and
BGMF have provided one another, Peerless Bridge hereby waives any recapture rights
it may have against BGMF with respect to the Bridge Improvements under the
Annexation and Development Agreement, including without limitation, Section 12 and
Section 27 thereof.
4. The terms of this Letter shall insure to the benefit of and be binding upon the
respective successors and assigns of Peerless Bridge and BGMF.
PEERLESS BRIDGE, LLC, an Illinois limited
Ronald T.
CHICAGO /# 1768856.1