2015-05-18 - Ordinance 2015-029 - APPROVING AN ANNEXATION AGREEMENT - 23020 EASTON AVE - SPEARHEAD PORPERTIES LLC Image# 054302290027 Type: ANX
Recorded: 08/26/2015 at 09:27:59 AM
Receipt#: 2015-00051829
Page I of 27
Fees: $49.00
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen vanderventer Recorder
File7225104
ORDINANCE NO. 2015 -29
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
23020 Easton Avenue
Spearhead Properties, LLC- 23020 Easton Avenue
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, there has heretofore been submitted to the Corporate Authorities of the
Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto;
and,
WHEREAS, there has been submitted to the Corporate Authorities of the Village of
Buffalo Grove an Annexation Agreement; and,
WHEREAS, proper and due notice of the public hearing concerning said Annexation
Agreement and zoning have been given and the public hearing was held; and,
WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to
approve said Annexation Agreement.
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 Annexation Agreement, a copy of which is attached hereto and made a
part hereof as Exhibit A, is approved.
Section 2. The President and Clerk of the Village are hereby authorized to execute said
Agreement on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval. This Ordinance shall not be codified.
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AYES: 5— Berman,Trilling, Stein, Otten heimer,_Weidenfeld
NAYS: 0- one
ABSENT: 0- None
PASSED: May 18 2015.
APPROVED: May 18, 2015.
ATTEST: APPROVED:
Lo 6z"
Village ,Cle'rk Beverly Sussman, Village President
This dorunient was prepared by:
Christopher Stilling
Director of Community Development
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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EXHIBIT A
Annexation Agreement
23020 Easton Avenue
Spearhead Properties, LLC- 23020 Easton Avenue
05/11/2015
ANNEXATION AGREEMENT
23020 Easton Avenue
Spearhead Properties, LLC- 23020 Easton Avenue
This agreement (hereinafter referred to as the "Agreement") made and entered into this 18th
day of May, 2015, by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as
"Village") by and through the President and Board of Trustees of the Village (hereinafter
collectively referred to as the "Corporate Authorities") and Spearhead Properties, LLC-23020
Easton (hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of
the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as
the "Property") comprising 1.831 acres legally described and identified in the Legal Description,
attached hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to
the corporate limits of the Village; and,
WHEREAS, a Plat of Annexation, including certain street right-of-way adjacent to the
Property, is attached hereto as EXHIBIT B, which depicts a total area of 2.17 acres to be
annexed; and,
WHEREAS, Owner desires and proposes pursuant to the provisions and regulations
applicable to the R-8 District of the Village Zoning Ordinance, with a special use as a Residential
Planned Unit Development, to develop the Property in accordance with and pursuant to a
certain Preliminary Plan prepared by Tandem Architecture and dated as last revised March 24,
2015, and also a certain Preliminary Engineering Plan prepared by Pearson Brown & Associates
and dated October 8, 2014 and last revised March 5, 2015, (hereinafter jointly referred to as
. .
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"Preliminary Plan") a copy of which Preliminary Plan is attached hereto as EXHIBITS C and D and
incorporated herein, and subject to all other exhibits attached hereto or incorporated by
reference herein. Said development ofthe Property shall consist of15tovvnhmnne units to be
constructed by the Owner.
WHEREAS, pursuant to the provisions of Section 5/I2-25.1-1 etseq, of the Illinois
Municipal Code (65 |UCS 5/I2-15.1-1 etseq.) and as the same may have been modified by the
Village's Home Rule powers, a proposed Annexation 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 due notice and advertisement, the Planning & Zoning
Commission of the Village has held a public hearing and made its recommendations with
respect to the requested zoning classification in the R-8 District with a special use as a
Residential Planned Unit Development and variations of the Village Development Ordinance
and Zoning Ordinance; and,
WHEREAS, the President and Board of Trustees after due and careful consideration have
concluded that the annexation of the Property to the Village and its zoning and development on
the terms and conditions herein set forth would further enable the Village to control the
development of the area and would serve the best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements
herein set forth, the parties hereto agree as follows:
I. Applicable Law. This Agreement is made pursuant to and in accordance with the
provisions of Section 5/11-25.1-1 etyeq, of the Illinois Municipal Code (65 |LCS 5/11-15.1-1 et
seq.) and as the same may have been modified by the Village's Horne Rule powers. The
preceding whereas clauses are hereby made a part mf this Agreement.
2. The Owner has filed with the Village Clerk
of the Village a proper petition pursuant to and in accordance with the provisions of Section
5/7-1-8 of the Illinois Municipal Code (65 |LC5 5/7-I'0) and as the same may have been
modified by the Village's Horne Rule powers, conditioned on the execution of this Agreement
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and the compliance with the terms and provisions contained herein, to annex the Property to
the Village. It is understood and agreed that this Agreement in its entirety, together with the
aforesaid petition for annexation, shall be null, void and of no force and effect unless the
Property is validly annexed to the Village and is validly zoned and classified in the R-8 District,
all as contemplated in this Agreement. No portion of the Property shall be disconnected from
the Village without the prior written consent of its Corporate Authorities.
3. Enactment of Annexation Ordinance. The Corporate Authorities, within twenty-
one (21) days of the execution of this Agreement by the Village, will enact an ordinance
(hereinafter referred to as the "Annexation Ordinance") annexing the Property to the Village.
Said Annexation Ordinance shall be recorded at the Lake County Recorder's Office along with
the Plat of Annexation (attached hereto as EXHIBIT B).
4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage
of the Annexation Ordinance, the Corporate Authorities shall enact an ordinance zoning the
Property in the R-8 District, with a special use for a Residential Planned Unit Development,
subject to the restrictions further contained herein and all applicable ordinances of the Village
of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned on the
development of the Property in accordance with the Preliminary Plan (EXHIBITS C and D) and
other exhibits attached hereto or incorporated by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary
Plan (EXHIBITS C and D) and Exhibits E and F pursuant to the provisions of the Development
Ordinance. The Corporate Authorities agree to approve a Development Plan (including a plat of
subdivision) based on final versions of the plans and drawings of the development of the
Property as submitted by the Owner provided that the Development Plan shall:
a) conform to the approved Preliminary Plan and Exhibits E and F, and
b) conform to the terms of this Agreement and all applicable Village Ordinances as
amended from time to time; and
C) conform to the approved Development Improvement Agreement as amended
from time to time.
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6. Compliance with Applicable Ordinances. The Owner and Developer agree to
comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the
development of the Property, provided that all new ordinances, amendments, rules and
regulations relating to zoning, building and subdivision of land adopted after the date of this
Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall be
equally applicable to all property similarly zoned and situated to the extent possible.
Owner/Developer, in the development of the Property, shall comply with the standards set
forth in the Village of Buffalo Grove Development Ordinance as amended from time totime.
Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the
Property to the extent that the ordinances or regulations would prevent development of the
Preliminary Plan approved herein.
7. Amendment of Plan. If the Owner/Developer desires to make changes to
to the Preliminary Plan, or Exhibits Eand F, as herein approved, the parties agree that such
changes to the Preliminary Plan or Exhibits E and F will require, if the Village so determines, the
submission of amended plats or plans, together with proper supporting documentation, tmthe
Planning /& Zoning Commission and/or the Corporate Authorities to consider such changes to
the Preliminary Plan. The Corporate Authorities may, in their sole discretion, require additional
public hearings and may review the commitments of record contained in this Agreement,
including, but not limited to fees, prior to final consideration of any change to the Preliminary
Plan and Exhibits E and F. The Village Manager is hereby authorized to approve such minor
changes ashe deems appropriate.
8. Building Permit Fees. The building permit fees may be increased from time 10
time solong as said permit fees are applied consistently to all other developments in the Village
to the extent possible. In the event a conflict arises between the Owner and the Village on any
engineering and technical matters subject tothis Agreement, the Village reserves the right to
pass along any and all additional expenses incurred by the use of consultants in the review and
inspection of the development from time tmtime. Owner shall pay any non-discriminatory new
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or additional fees hereinafter charged by the Village to owners and developers of properties
within the Village.
9. Water Provision. The Owner shall be permitted and agrees to tap on to the
Village water system at points recommended by the Village Engineer which points to the extent
shown on EXHIBIT D are hereby approved by the Village. It is understood, however, that
changes to the Preliminary Engineering Plan may be required at the time of Final Engineering.
The Owner further agrees to pay to the Village such fees in accordance with the applicable
Village Ordinances at the time of the issuance of the water and sewer permits. The Owner
agrees to accept any increase in water rates and tap on fees provided such rates and fees apply
consistently to all other similar users in the Village to the extent possible. Following such tap
on, the Village agrees to provide to the best of its ability and in a non-discriminatory manner
water service to all users on the Property in accordance with the Preliminary Plan. Watermains
serving the Property and those approved as part of the development shall be installed by the
Owner and, except for service connections to the buildings shall, upon installation and
acceptance by the Village through formal acceptance action by the Corporate Authorities, be
dedicated to the Village and become a part of the Village water system maintained by the
Village.
10. Storm and Sanitary Sewer Provisions.
a. The Corporate Authorities agree to cooperate with the Owner and to use their
best efforts to aid Owner in obtaining such permits from governmental agencies having
jurisdiction as may be necessary to authorize connection from the proposed development to
the Lake County Department of Public Works for the collection of sewage. The Owner shall
construct on-site and off-site sanitary sewers as may be necessary to service the Property, in
accordance with EXHIBIT D. It is understood, however, that changes to the Preliminary
Engineering Plan may be required at the time of Final Engineering. Upon installation and
acceptance by the Village through formal acceptance action by the Corporate Authorities, the
Corporate Authorities agree to operate and maintain such systems, except for sanitary sewer
service connections. The Owner agrees to accept any increase in sewer rates and tap on fees,
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provided that such fees and rates are applied consistently to all similar users in the Village to
the extent possible.
b. The Owner shall also construct any storm sewers which may be necessary to
service the Property, in accordance with EXHIBIT D. It is understood, however, that changes to
the Preliminary Engineering Plan may be required at the time of Final Engineering.
11. Drainage Provisions. The Owner shall fully comply with any request of the
Village Engineer related to the placement of buildings on lots, to preserve drainage standards.
The Owner shall install any storm sewers and/or inlets which are required to eliminate standing
water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be
detrimental to the growth and maintenance of lawn grasses.
12. Owner Recapture of Utility Costs. It is further understood and agreed that a
portion of the sanitary sewer, storm sewer, and/or xva1ermmain to be constructed and installed
by the Owner to serve the proposed development on the Property (hereinafter referred to as
"Owner's improvements") may benefit neighboring properties not owned by the Owner, thus
making such utility service available thereto. The Corporate Authorities agree to adopt an
ordinance to permit the Owner to recapture from such neighboring property owners as may be
benefited by the Owner's Improvements, that portion of the actual costs and installation of
Owner's Improvements, in such proportionate amounts from such neighboring property
owners as may be so benefited as determined by the Village. Said recapture ordinance shall
only be enforceable for seven (7) years from its passage. The Village and Owner agree to use
their best efforts tm cooperate to achieve the most practical and feasible route tothe off-site
utilities connection points. The Village agrees to cooperate with the Owner in effectuating
recapture from future developers and property owners as appropriate. The Village shall be
entitled to a five percent (5%) fee from any amounts hereby recaptured as and for its collection
efforts.
13. Payment of Recapture Fees Owed. Any amount of recapture required tobepaid
by this Property shall be due and payable to the Village upon platting of the subdivision.
14. Security for public and
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private site improvements shall be provided in accordance with the Development Ordinance,
and the Development Improvement Agreement (EXHIBIT G) as amended from time to time.
Any letter of credit issued for such improvements shall be drawn on a financial institution of net
worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or
lending interest in the Property provided that the letter of credit, either by its own terms or by
separate written assurances of the issuer, shall be honored irrespective of that interest. The
Village shall have the right to draw up to the full amount of the letter of credit in order to
complete, and have formal acceptance of, all improvements secured by the letter of credit.
15. Exhibits. The following EXHIBITS, some of which were presented in testimony
given by the Owner or the witnesses during the hearings held before the Planning & Zoning
Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby
incorporated by reference herein, made a part hereof and designated as shown below.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation
EXHIBIT C Preliminary Plan (I page)
EXHIBIT D Preliminary Engineering Plan (2 pages)
EXHIBIT E Landscaping Plan (3 pages)
EXHIBIT F Architectural Rendering (9 pages)
EXHIBIT G Sample Development Improvement Agreement (14 pages)
16. Annexation Fee, Owner agrees to pay an annexation fee of$700.00 per unit for
the 15 units, which fee shall be payable pro rata at issuance of building permits. This fee,
however, shall be paid in full prior to the expiration of this Agreement.
17. Building; Landscaping and Aesthetics Plans. Owner will submit final building and
landscaping plans (which landscaping plans shall conform to the requirements of Village
Ordinances) for final approval by the Village before commencing construction of buildings.
Lighting and signage shall be compatible with surrounding areas as approved by the Village.
Phases not under construction or completed shall be maintained in a neat and orderly fashion
as determined by the Village Manager. The exterior elevations of the townhomes to be
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constructed by the Owner shall comply with the plans approved by the Village and Village
Planning &Zoning Commission. It is understood and agreed that modifications pertaining to the
exterior elevations may be desired by the Owner to accommodate homebuyers, and to the
extent practicable, the Village may review said modifications administratively. Major changes
may be subject to review by the Appearance Review Team (ART) and/or the Planning & Zoning
Commission.
18. Declaration of Covenants, Conditions and Restrictions.
a. Prior to recording the Final Plat of Subdivision, the Owner shall establish, or
cause to be established a "Homeowners' Association" or as the "HOA" to which
all lot owners in the Development shall be required to contribute assessment
payments in order to accumulate such funds as might be necessary for the
operation, maintenance, repair and reconstruction of the common areas and
private improvements serving the development, including but not limited to the
street lighting, sidewalks, parkways, storm sewers, and storm water
management facilities, including but not limited to the detention pond and
related aeration systems, common area landscaping, fences and landscape,
which shall all be the responsibility of the Homeowners' Association to own,
operate, and maintain and which shall be located in easements for that purpose,
as well as timely snow removal and ice control of said private street and
sidewalks.
b. It shall be a specific condition of approval of the Special Use that said
Homeowners' Association shall thereafter be required to be maintained in good
standing with the State of Illinois Secretary of State.
c. In addition, it shall be a condition precedent of the approval of the Special Use
that the Homeowners' Association shall retain ownership of, and operation and
maintenance responsibilities for, all applicable required improvements within
the Development, except as otherwise specified in this Agreement, and shall be
prohibited from turning over the private street and sidewalks in the
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development to the Village for ownership and future maintenance.
d. The Owner shall incorporate the aforesaid Homeowners' Association prior to the
recording of the Final Plat of Subdivision, and the form and substance of the
articles of incorporation, and the declaration and by-laws for said Homeowners'
Association shall be submitted to the Village for review and approval.
e. The Property shall be subject to a declaration of covenants, conditions and
restrictions ("Declaration") which shall include but not by way of limitation a
provision whereby the Village shall have the right, but not the obligation, to
enforce covenants or obligations of the Owner or the association and/or owners
of the units of the Property as defined and provided within the Declaration, and
further shall have the right, upon thirty (30) days prior written notice specifying
the nature of a default, to enter upon the Property and cure such default, or
cause the same to be cured at the cost and expense of the Owner or the
association of the Property. The Village shall also have the right to charge or
place a lien upon the Property for repayment of such costs and expenses,
including reasonable attorneys' fees in enforcing such obligations.
f. The Declaration shall include, but not by way of limitation, covenants and
obligations to own and maintain the wetland bottom pond and drainage system
depicted on EXHIBITS C and D. The Declaration shall also include the obligation
that the association shall provide snow removal for private driveways, streets
and public sidewalks and shall store excess snow in appropriate off-street
locations, and shall not in any way impede the Village's snow removal operations
on public streets.
g. The Declaration shall also provide that the Property shall be used and developed
in accordance with Village ordinances, codes and regulations applicable thereto,
including ordinance(s) enacted pursuant to this Agreement.
h. The Declaration shall be submitted to the Village for review and approval, and
shall further provide that the provisions relative to the foregoing requirements
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may not be amended without the prior approval of the Village.
i. The Declaration shall also provide that the Village may enforce its ordinances,
including but not by way of limitation traffic ordinances, on the Property,
including private property and common areas.
j. The Declaration shall provide that the Association shall be responsible for
maintaining, repairing and replacing the six foot privacy fence required in
Paragraph 38.d. of this Agreement
k. The Declaration shall also indicate that the street providing access to all 15
townhome units is to remain a private street and maintenance responsibility
shall be the obligation of the association. Furthermore, a public access easement
shall be dedicated to the Village allowing for public use and access of the
proposed private street and allow for future connection to the property to the
north. The Declaration shall require that Owner disclose to prospective buyers
that the street will remain private, but accessible to the public and that the
Village shall not have any maintenance responsibility for said private street. The
Declaration shall also require that the Association disclose to future subsequent
owners that the street will remain private, but accessible to the public and that
the Village shall not have any maintenance responsibility for said private street.
Said written disclosure is subject to written approval by the Village. The Village
shall also have the right to charge or place a lien upon the Property for
repayment of such costs and expenses, including reasonable attorneys' fees in
enforcing such obligations.
I. The Declaration shall require that Owner establish an escrow account, in a
manner and form acceptable to the Village, for the benefit of the Association to
cover a portion of both the future maintenance and replacement costs of the
private street in an amount of $10,000.00. The Declaration shall require the
Association to assess and collect $100.00 per year per lot for 20 years for the
maintenance and replacement costs of the private street.
19. Project Models. The Village agrees to permit the Owner to construct and
maintain one model area on the Property, consisting of a maximum of three units in one
building, together with suitable off-street parking areas, all subject to Village approval. Such
construction shall be in compliance with the provisions of the Village's Building Code in effect at
the time of building permit issuance. The Owner may use models only for marketing the
Property. Such use shall be discontinued when Owner has sold the last of the 15 units
constructed upon the Property as approved herein.
20. Park District Donations. Owner agrees to comply with the provisions of Title 19
of the Buffalo Grove Municipal Code as amended from time to time regarding park donations.
Owner agrees to make cash contributions to the Village for conveyance to the Buffalo Grove
Park District to fulfill the obligation of the Property concerning park donations.
21. School District Donations. Owner agrees to comply with the provisions of Title
19 of the Buffalo Grove Municipal Code as amended from time to time regarding school
donations. Owner agrees to make cash contributions to the Village for conveyance to School
Districts 103 and 125 according to the criteria of said Title.
22. Library District Donations. — Owner agrees to comply with the provisions of Title
19 of the Buffalo Grove Municipal Code as amended from time to time regarding library
donations.
23. Conditions Concerning Parks, School and Library Donations. It is understood and
agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on the floor
plans will be counted as bedrooms for the purposes of calculating park, school and library
donations, if, in the judgment of the Village, said rooms can be used as bedrooms. It is
understood and agreed that the per acre land value used to compute said cash contributions
may be increased from time to time, and cash contributions made at the time of building
permit issuance shall be based on the land value in effect at the time of permit issuance.
24. Annexation to the Buffalo Grove Park District. The Owner agrees, at the request
of the Buffalo Grove Park District, to annex any part or all of the subject Property to said Park
District. Said annexation shall be completed within sixty days (60) days of the request of the
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Park District.
25. Facilitation of Development. Time is of the essence of this Agreement, and all
parties will make every reasonable effort to expedite the subject matters hereof. It is further
understood and agreed that the successful consummation of this Agreement and the
development of the Property is in the best interests of all the parties and requires their
continued cooperation. The Owner does hereby evidence its intention to fully comply with all
Village requirements, its willingness to discuss any matters of mutual interest that may arise,
and its willingness to assist the Village to the fullest extent possible. The Village does hereby
evidence its intent to cooperate in the resolution of mutual problems and its willingness to
facilitate the development of the Property, as contemplated by the provisions of this
Agreement.
26. Enforceability of the Agreement. This Agreement shall be enforceable in any
court of competent jurisdiction by any of the parties or by an appropriate action at law or in
equity to secure the performance of the covenants herein described. If any provision of this
Agreement is held invalid, such provision shall be deemed to be excised herefrorn and the
invalidity thereof shall not affect any of the other provisions contained herein.
27. Term of Agreement. This Agreement is binding upon the Property, the parties
hereto and their respective grantees, successors and assigns for a term of twenty (20) years
from the date of this Agreement. Owner is under contract to sell the Property to Weekley
Homes, LLC, with a closing date of twenty (20) days after the Village has approved the final plat
of subdivision and engineering associated with the development of the Property. As such, the
Village acknowledges that, upon closing, Weekley Homes, LLC, a landbanking entity, or an
entity which controls, is controlled by or is under common ownership with Weekley Homes, LLC
shall be entitled to develop the Property consistent with this Annexation Agreement.
Otherwise, this Agreement shall not be assigned to any other party or entity without prior
written consent of the Village Manager. This Agreement may be amended by the Village and
the owner of record of a portion of the Property as to the provisions applying thereto, without
the consent of the owners of other portions of the Property.
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28. Corporate Capacities. The parties acknowledge and agree that the individuals
that are members of the group constituting the Corporate Authorities are entering into this
Agreement in their official capacities as members of such group and shall have no personal
liability in their individual capacities.
29. 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 fifth business day following deposit in the
U.S. Mail.
If to Owner/Developer: Dimitrios Nassis
Spearhead Properties, LLC
1725 N Burling Street
Chicago, IL 60614
Copy to: David Rudolph
20 North Clark St., Suite 2500
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Tressler LLP
22 S. Washington Ave
Park Ridge, IL 60068
30. Default.
In the event Owner defaults in performance of its obligations set forth in this
Agreement, then the Village may, upon notice to Owner, allow Owner sixty
(60) days to cure default or provide evidence to the Village that such default
will be cured in a timely manner if it cannot be cured during said period. If
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Owner fails to cure such default or provide such evidence as provided above,
then, with notice to Owner, the Village may begin proceedings to disconnect
from the Village any portion of the Property upon which obligations or
development have not been completed or at the option of the Village, to
rezone such Property to the Residential Estate District. In such event, this
Agreement shall be considered to be the petition of the Owner to disconnect
such portion of the Property, or at the option of the Village, to rezone such
Property to the Residential Estate District.
31. Litigation.
a. The Owner, at its cost, shall be responsible for any litigation which may
arise relating to the annexation, zoning and development of the Property.
Owner shall cooperate with the Village in said litigation but Owner's counsel
will have principal responsibility for such litigation.
b. The Owner shall reimburse the Village for reasonable attorneys' fees,
expenses and costs incurred by the Village resulting from litigation relating to
the annexation, zoning and development of the Property or in the
enforcement of any of the terms of this Annexation Agreement upon a
default by the Owner.
C. Owner hereby indemnifies and holds the Village harmless from any
actions or causes of action which may arise as a result of development
activities for which the Owner is responsible.
32. Indemnification Concerning Recapture. The Owner 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 concerning recapture in this Agreement. The Owner shall
prosecute or defend any action, proceeding or cause, legal or otherwise, that may arise out of
the existence, terms, administration, enforcement or attempted enforcement of any provisions
concerning recapture in this Agreement. The Owner will hold the Village, its officers, agents,
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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. The Village shall endeavor in good faith to enforce
the provision of the recapture provisions hereof and to collect the recapture as established
herein. However, the parties recognize the possibility of omissions or errors, and it is agreed
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 said recapture as established herein. The
Village's obligation is limited to the amount or amounts actually collected pursuant to the
provisions of this Agreement.
33. Special Conditions.
a. |tisunderstood and agreed that upon annexation the Village will issue new
street address(es) for building(s) on the Property to ensure proper
identification for provision of services, and Owner shall use said Village
address(es) in place of current address/es\ assigned by Lake County. Owner is
also required to contact the Buffalo Grove Post Office and submit a change of
address(es) requesting use of the address(es) as assigned by the Village.
b. Owner represents and warrants that the only mortgagee, lien holder or
holder of any security interest affecting title to the Property or any part
thereof is BCL-Horne Lending LL[. BCL'Honne Lending LLC, by its written
approval of this Agreement, acknowledges that this Agreement is superior to
its security interest in the Property.
c. Owner shall deposit with the Village the amount necessary to reimburse the
Village for any real estate tax payments made by the Village to the
Lincolnshire-Riverwoods Fire Protection District concerning the Property
pursuant to Section 705/20 of the Illinois Fire Protection Act (70 |LCS
705/20). Said deposit, as determined by the Village, shall be made by the
Owner within sixty (60) days of the date mf this Agreement.
34. Traffic Enforcement Agreement —The Owner shall, at the request uf the Village,
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enter into an agreement for the enforcement of Village traffic ordinances and other ordinances
on the Subject Property.
35. Well and septic facilities and underground tanks — All water wells and septic
sewer facilities on the Property shall be properly sealed or pumped and filled as required by the
Illinois Department of Public Health and as approved by the Village Health Officer. Any
underground tanks shall be removed as permitted and approved by the Illinois State Fire
Marshal. Said sealing and removing of wells, septic facilities and underground tanks shall be
completed on a schedule as directed by the Village.
36. Removal of buildings and structures—All buildings, structures, vehicles and other
materials on the Property shall be removed prior to any site preparation work for the
development. If the Village determines, in the period prior to development, that structures or
other objects need to be removed from the Property to prevent health or nuisance problems,
Owner shall comply pursuant to the Village's direction.
37. Variation provisions
a. Variation to Section 17.16.060 of the Zoning Ordinance is hereby granted
decreasing the minimum lot area for a property in the R-8 District to 1.8 acres
rather than the minimum required 2 acres; and
b. Variation to Section 17.28.050 of the Zoning Ordinance is hereby granted
reducing the required perimeter setback as depicted on the Preliminary Plan;
and
c. Variation to Section 17.40.040 of the Zoning Ordinance is hereby granted
decreasing the minimum front and corner side yard setbacks as depicted on the
Preliminary Plan; and
d. Variation to Section 17.28.050 of the Zoning Ordinance is hereby granted
reducing the minimum building separations from 24 feet to 16 feet; and
e. Variation to Section 17.40.040 of the Zoning Ordinance is hereby granted
increasing the maximum building height to 41 feet for buildings 3 and 4 as
depicted on the Preliminary Plan; and
17
f. Variation to Section 17.28.050 of the Zoning Ordinance is hereby granted to
allow for a density of 8.2 units per acre as depicted on the Preliminary Plan; and
g. Variation to Section 16.50.040 of the Development Ordinance is hereby granted
concerning the design of the stormwater detention facility; and
h. Variation to Section 16.050.080 of the Development Ordinance is hereby
granted allowing for sidewalk on one side of the proposed street; and
i. A Variation to Section 16.50.070 of the Development Ordinance is hereby
granted reducing the minimum right-of-way requirements for a private street.
38. Owner and Association Obligations
a. The proposed development of 15-townhorne units shall conform to the plans
provided in Exhibits C, D, E, and F.
b. The Declaration shall also indicate that the street providing access to all 15
townhome units is to remain a private street and maintenance responsibility
shall be the obligation of the association. Furthermore, a public access
easement shall be dedicated to the Village allowing for public use and access
of the proposed private street and allow for future connection to the
property to the north. The Declaration shall require that Owner disclose to
prospective buyers that the street will remain private, but accessible to the
public and that the Village shall not have any maintenance responsibility for
said private street. The Declaration shall also require that the Association
disclose to future subsequent owners that the street will remain private, but
accessible to the public and that the Village shall not have any maintenance
responsibility for said private street. Said written disclosure is subject to
written approval by the Village. The Village shall also have the right to charge
or place a lien upon the Property for repayment of such costs and expenses,
including reasonable attorneys' fees in enforcing such obligations.
c. Prior to the approval of the final engineering plans, the Owner shall provide
approval from the Lake County Stormwater Commission concerning the impacts
to the existing wetland.
18
d. Vehicle parking shall be prohibited in the "hammerhead" located at the
terminus of the proposed street. A six foot (6') privacy fence shall be installed by
the Owner along the northern property line, adjacent to the "hammerhead".
Owner shall submit to the Village for approval an example of the type of fence
to be installed
e. The window placement between buildings 1 and 2, 3 and4 and 5 and 6 shall vary
in location so as to maximize privacy into each unit.
IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this
instrument to be executed by their respective proper officials duly authorized to execute the
same on the day and the year first above written.
VILLAGE OF BUFFALO GROVE
BY
Beverly Sussman, Village President
AT TEST:
By
VILLAGE CLERK
OWNER: Spearhead Properties LLC-23020 Easton
-BY
�
-Dmi-raies /VA /5- MAWAQW. rRINCI?4—
Printed Name and Position
Mortgagee: BC-L-Holne- en iniz LLC
Z Z
B
E%
Printed Name and Position
19
This document prepared by: William Raysa
Tressler LLP
22 S. Washington Ave.
Park Ridge, IL. 60068
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
20
EXHIBIT A
To
Annexation Agreement
23020 Easton Avenue
Legal Description:
THE SOUTH 246.2 FEET OFT EAST 353.9 FEET OF LOT 32 IN SCHOOL TRUSTEE'S
SUBDIVISION OF SECTION 16, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS.
PARCEL INDEX NUMBER: 15-16-300-019
SUBJECT PROPERTY COMMON ADDRESS: 23020 Easton Avenue, Prairie View, IL
21
EXHIBIT B
to
Annexation Agreement
23020 Easton Avenue
PLAT OF ANNEXATION
Imaqe# 054302290025 Type: ANX
Recorded: 08126/2015 at 09:27:59 AM
Receipt#: 2015-00051829
Paqe I of 25
Fees: $49.00
IL Rental Housinq Fund: $0.00
Lake CountV IL Recorder
PLAT INFORMATION SHEET Mary Ellen Vanderventer Recorder
File7225104
NUMBER OF PLAT PAGES
SECTION TOWNSHIP RANGE
LEGAL DESCRIPTION
3
CHECK TYPE OF PLAT:
/ANNEXATION/DISCONNECTION
❑ CONDOMINIUM
❑ DEDICATION
• EASEMENT
• VACATION
• OTHER
❑ SUBDIVISION (enter subdivision name on line below)
IF THE PLAT RECORDED WAS LARGER THAN 11" X 17", THE
ATTACHED COPY HAS BEEN REDUCED FROM A SCANNED IMAGE.
ORIGINAL SCALE PAPER COPIES OR DIGITAL IMAGE FILES ARE
ALSO AVAILABLE FOR PURCHASE — PLEASE CALL (847) 377-2678
FOR MORE INFORMATION
UAForms\PIatInfo\PIat Information Coversheet for Scanning.doc
Revised: February 22,2007 12:00 PM
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