1971-033 Plaza-Villa Verde Development Ordinance ORDINANCE NO. QZ_Zl- -3_3,'
AN ORDINANCE APPROVING A PIANNED DEVELOPMENT.
WHEREAS, the Plan Commission of the Village of Buffalo Grove,
Illinois, has recommended the approval of a Planned Development
for the property hereinafter described, and
WHEREAS, the President and Board of Trustees of the Village
of Buffalo Grove have considered said Planned Development and
have determined that the approval of said Planned Development is
in the best interests of the Village of Buffalo Grove.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS:
Section 1. That the Planned Development Agreement
entitled 'Villa Verde Planned Development Agreement",a copy of
which is attached hereto and made a part hereof, is hereby approved.
Section 2. The legal description of the real estate
involved is as follows:
The Northeast 1/4 of the Northeast 1/4 of Section 7,
Township 42 North, Range 11 East of the 3rd P. M.
Cook County, Illinois.
Section 3, This Ordinance shall be in full force and
effect from and after its passage and approval as provided
Tay law.
AYES: DAYS: 0 ABSENT: 0,
PASSED AND APPROVED this 0 day of 1971.
se P- silent.
ATTEST:
Village. Cle-rk.
VILLA. VERDE PLANNED DEVE-LOPMENT AGREEMENT
THIS AGREEMENT made and entered into this _;10 day of
December, 1971, by and between the Village of Buffalo Grove,
a municipal corporation, of the counties of Cook and Lake,
Illinois, hereinafter referred to as the "Village" and LaSalle
National Bank of Chicago, as Trustee under Trust Agreement dated
May 28, 1970, known as Trust 40890, hereinafter reterred to as
"Trustee"
WITNESSETH.
WHEREAS, the Trustee is the owner of the real estate
described as follows:
The Northeast 1/4 of the Northeast 1/4 of Section
7, Township 42 North, Prange 11 East of the 3rd P.A.
Cook County, Illinois, and
WHEREAS, said real estate is now zoned R-9, Planned
Development, subject to the conditions and stipulations incorporated
in Pre-Annexation Agreement dated November 11, 1968, and
WHEREAS, the owner has applied for a change in the zoning,
and
WHEREAS, the Plan Commission and the Village Board have
held public hearings in the manner required by law, and
WHEREAS, the Plan Commission has made findings of fact and
reported same to the Village Board, and
WHEREAS, the President and Board consider that a rezoning
a I a requested will inure to the benefit of and improvement of
the Village, and
WHEREAS, the Village concurrently with the execution of this
Agreement will pass an Ordinance amending the Village Zoning
Ordinance to reflect the zoning change set forth herein.
NOW THEREFORE, IT IS COVENLNTED A1'TD A_uREED by and between
the parties hereto as follows:
The land as hereinabove described shall be divided into
two parcels, to-wit:
(a) The North 654.49 feet of the Northeast
Quarter of the Northeast Quarter of Section 7,
Township 42 North, Range 11, East of the
3rd P.M. in Cook County, Illinois, hereinafter
referred to as Parcel A.
(b) The South 670 feet of the Northeast-Quarter at
the Northeast Quarter of Section 7, Township
42 North, Range 11, East of the 3rd P. M. in
Cook County, Illinois, hereinafter referred
to as Parcel B.
2. Parcel B shall be developed. as an R-9 Planned Develop-
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meet in substantial conformity with 4�e -� dated 1 7 1 71
prepared by Ciorba, Spies, Gustafson and Company, consulting
engineers and subject to the following additional conditions
and restrictions:
(a) Six rental buildings shall be erected thereon.
Each building shall be three stories but not to
exceed forty five feet in height and shall
contain 56 single family rental units with no
more than two bedrooms each.
(b) There shall also be erected thereon a club
house, an outdoor pool and a maintenance
building. Said club house, pool and facilities
shall be designed and intended to serve
principally the residents of the development
and shall not be operated as a profit making
venture.
(a) Club house, pool, maintenance building, facilities
and appurtenance thereto, open space areas,
parking areas, streets, street lights, curbs,
gutters, -s, fire lanes and plantings
C' sidewalk
shall be continuously repaired, replaced when
necessary and maintained by the Owner and/or i
Owners and/or their successor or successors n
title.
(d) No building or other structure shall be erected
on any of the open space areas shown on the plats,
or plans made a part of this Agreement. Adequate
safeguards, including recorded covenants, if
requested, wall be provided by the Owner to prevent
subsequent development of future construction on
such open spaces.
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3. Parcel —A"shall be developed as a _ -3 Planned Business
Center District subject to the following additional conditions
and restrictions;
(a) No more than one gas service station shall
be constructed on the parcel. Landscaping
and screening for said station shall be subject
to approval of the Plan Commission.
(b) Prior to development, Owner shall submit for
approval site plan showing, among other things,
location and arrangement of proposed buildings,
storm water retention, traffic patter k' parking
area, public ingress and egress and common
open space.
(c) An office building no more than forty five feet
in height may be included.
(d) No building shall exceed three stories -or
e
more than forty five feet in height.
THE FOLLOWING CONDITIONS SHALL APPLY TO BOTH "All AM "B" PARCELS:
4. Except as otherwise provided in this Agreement, the
Owner shall comply with and be subject to all pertinent
'ordinances of the Village presently existing and any amendments
thereto.
5. As the properties are developed, the Owner shall con-
struct or cause to be constructed sanitary sewers, storm water
facilities, water mains and laterals, all subject to the approval
of the Village engineer. The Owner shall not be required to
oversize sewer or water mains for the purpose of serving other
parties. Upon completion, Owner shall transfer title to all such
facilities (except for water and sewer pipes to each structure and
building) to the Village and the Owner will grant to the Village
easements i n s ubstantial conformity with plat attached and made
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a part hereof as Exhibit "B". Acceptance of title shall be
subject to approval of construction by the' Village Engineer.
Having once accepted title, the Village will thereafter repair,
replace, inspect and maintain said facilities, except for water
and sewer pipes to each building or structure. The latter shall
be the obligation of Owner.
6. All streets, curbs, gutters, sidewalks, parking areas,
lighting, common areas and open spaces throughout the entire de-
velopment shall be and remain the property of the Owner. All such
facilities shall be installed by the Owner as per engineering
standards set forth in Exhibit "C" attached and made a part hereof.
Installation thereof shall be subject to the approval of the
Village Engineer and n o t emporary occupancy permits shall issue for
any rental it unless so approved. Said approval shall not be un-
reasonably withheld.
7. The Owner shall at all times inspect, repair, replace
and maintain all said facilities. Upon failure so to do, the
Village shall give 30 days written notice to correct the failure.
Notice may be given by registered mail to the address shown on the
most recent tax bill. If the failure continues beyond the 30 days,
then the Village shall have the right to enter upon the property,
make all necessary repairs and/or replacements and perform all
necessary maintenance. The Village shall then charge the then
Owner the proper and reasonable cost thereof which shall include
attorneys' fees; the same to be recovered in any court of law or
chancery. Nothing herein set forth shall obligate or require that
the Village maintain, repair, inspect the facilities.
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An Agreement signed by Owner and lending agency stating
that not less than 25/® of the construction cost of aforesaid on site
improvements will be withheld until receipt of written approval of
the Village.Engineer. Such approval shall not be unreasonably
withheld.
9. The Owner will pay for the purchasing installing and
maintaining of traffic, fire lane and no parking signs on the
perifery of and within the entire development. No parking shall
be permitted on either side of the streets within the development. //
The rate of speed allowed on the streets shall be as _prescribed
by the Village. Should the Village see fit, it shall have the
right to enter upon all streets, sidewalks, parking, public use and
common areas in the development for the purpose of enforcing the
restrictions set forth on the signs and enforcing the ordinances
of the Village and the State of Illinois.
10. Pursuant to the Pre-Annexation Agreement dated the
11th day of November, 1968, by and between the Village and the
State National Bank as Trustee, Trust No. 4209, the now Owner
or his predecessor, has paid the Village the sum of $26,100.00.
The balance due the Village is $25,200.00. The Owner shall pay
the balance in not less than six installments of $4,200.00 each.
Said installments shall be payable at the time of the first
occupancy permit is issued for any unit in each of the six buildings
built on Parcel "B". All six buildings shall be completed and
ready for occupancy on or before the _3/_day of 19 :73.
The final payment of the aforesaid total balance shall be paid
on or before said date regardless of whether all six buildings
have been so completed.
_D_
11. This Agreement shall be enforcible in any court of
competent jurisdiction by appropriate action at law or in equity
to secure the performance of the covenants herein. This Agreement
shall run with the land.
12. This Agreement shall be binding upon the parties
hereto, .their lessees, successors and assigns. Thd' word "owner"
shall be construed to mean the plural and shall include the
beneficiaries of any land trust in the event title is in the
name of a trustee. It is understood that the trustee executes
this instrument not in its personal or individual capacity but
solely as trustee pursuant to the terms of the hereinabove
trust agreement, affixing its signatures hereto as such trustee
by direction of and in behalf of the beneficiaries under said
trust without any intention of binding said trustee in its
individual capacity.
IN WITNESS WHEREOF, the parties hereto have hereunto caused
this document to be signed and sealed by their proper officers
the day and year first above written.
LO.
Vi C
By
Pr sideat
ATTEST-
Village Cle
LA SALLE NATIONAL BANK & TRUST CO.
Trustee under Trust dated May 28,
1970, known as Trust No. 40890.
By
ATTEST:
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