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1979-044STATE OF I LL INO I S ) SS. COUNTIES OF COOK & LAKE ) I, JANET M, SIRABIAN, hereby certify that I am the duly elected, qualified and acting VILLAGE CLERK of the Village of Buffalo Grove, Counties of Cool: and Lake, Illinois, and the keeper of its seal and records. I hereby further certify that the attached is a true copy of Ordinance No. 79-44 adopted on the 15th day of October 19 79 , by the Village Board of the Village of Buffalo Grove as shown by the records in my custody. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Buffalo Grove aforesaid, at said Village, in the County and State aforesaid, this26th October day of 19 79 Vi-1lage Clerk ®LOCHS, FRENCH & Rf,YSA ATTORNQY..S ♦,T I A'V SUITE 332 1011 LO.V%r Q-FkrEF OAK PARK, ILLINOIS 60301 386.7273 'M (A N 0) 'V�A ORDINANCE NO. 79 - 1411 AN ORDINANCE APPROVING ANNEXATION AGREEMENT AND DIRECTING EXECUTION THEREOF BY THE PRE- SIDENT AND CLERK OF THE VILLAGE OF BUFFALO GROVE (Northwest Community Hospital) WHEREAS, there has heretofore been submitted to the corporate authorities of the Village of Buffalo Grove a petition to annex the property legally described as follows: PARCEL A, LOT That part of the south 1/2 of Section 33, Township 43 North, Range 11, East of the 3rd P.M. described as follows: Commencing at the south 1/4 corner of said Section 33, thence "due west" along south line of said Section 33 a distance of 391.46 feet to the point of beginning for the above described tract of land; thence continuing "due west" along said south line of Section 33 a distance of 424.38 feet to a point in the easterly line of McHenry Road; thence northwesterly along the curved said easterly line of McHenry Road, said curved line concaveto northeasterly and having a radius of 1377.70 feet an arc distance of 161.83 feet to a point in said curved easterly line of McHenry Road; thence north 26 degrees 18 minutes 19 seconds east, 2.6.63 feet to a point in the curved southerly line of Lake Cook Road; thence easterly along said curved southerly line concaveto south and having a radius of 2241.83 feet an arc�� distance of 489.64 feet, more or less, to a point in said curved Fd7 line; thence "due south" 245,38 feet, more or less, to the point�� of beginning, in Lake County, Illinois.. PARCEL A, LOT 3 That part of Section 4, Township 42 North, Range 11, East of they 3rd P.M. described as follows: Beginning at a point in the north line of said Section 4, said point being 295.10 feet west of the north 1/4 corner of said Section 4; thence south 16 degrees 45 minutes 00 seconds west a distance of 445.50 feet, more or less, to a point in the curved northeasterly line of McHenry Road; thence northwesterly along said curved line concaveto northeasterly, having a radius of 1382.70 feet an arc distance of 508.58 feet to a point; thence north 58 degrees 37 minutes 17 seconds east along a line, said line being radial to the aforesaid curved line, a distance of 5.00 feet; thence northwesterly along said northeasterly line of McHenry Road said northeasterly line being a curved line concave to northeasterly and having a radius of 1377.70 feet an arc distance of 55.19 feet, more or less,to a point in the north line of said Section 4, thence "due east" 489.70 feet, more or less, to the point of beginning, in Cook County, Illinois. WHEREAS, there has also been submitted to the corporate authorities of the Village of Buffalo Grove, an Annexation Agreement pursuant to statute; and WHEREAS, proper and due notices of public hearings for zoning and annexation on said Annexation Agreement have been given and public hearings were held; and WHEREAS, it is determined to be in'the best interests 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 in the manner provided by law. AYES: 5 - Marienthal, O'Reilly, Hartstein, Gerschefske, President Clayton NAYES: 0 - None ABSENT: 2 - Stone, Kavitt PASSED this l5th day of October 1979. APPROVED this 15th day of October 1979.E M CO �a APPROVED:j ATTEST: ViIIacjeJCLerk -2- Village Presiden v 10/10 ANNEXATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 15th _ day of October , 1979, 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"), John Koch not individually but as Executor of the Estate of Cecilia Koch, (hereinafter referred to as "Owner") and Northwest Community Hospital an Illinois not- for -profit corporation, (hereinafter referred to as "Developer"). P�. 91 W I T N E S S E T H:`) WHEREAS, Owner is the owner and Developer is the contract purchaser of a certain tract of property comprising approximately 8.429 gross acres bounded on the north by Lake Cook Road, on the west by Illinois Route 83, and on the east by Weiland Road, and legally described and identified as Parcel A on the Plat ofyJ` Annexation which is attached hereto as Exhibit A and as Parcel B on Exhibit B, which exhibits are made a part hereof (hereinafter referred to as the "Property") and which real estate is contiguous to the corporate limits of the Village; and WHEREAS, Developer desires and proposes pursuant to the provisions and regulations applicable to the B-3 Planned Business Center District of the Village Zoning Ordinance to develop Parcel A E- 7_ Ff I P ( T fl in accordance with and pursuant to a certain Preliminary Development Plan prepared by HUNDRIESER GUTOWSKY AND ASSOCIATES dated as last revised October 11, 1979 and also Preliminary Engineering Plan prepared by Elk Grove Engineering dated as last revised October 11, 1979 (hereinafter jointly referred to as the "Preliminary Plan"), a copy of which Preliminary Plan is attached hereto as Exhibit C and Exhibit G and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of Parcel A shall initially contain a 14,147 square foot ambulatory care center; and WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. of the Illinois Municipal Code (Chap. 24, IL Revised Statutes 1977), a proposed Annexation Agreement, in substance and in form substan- tially the same as this Agreement, was submitted to the Corporate Cf) Authorities and a public hearing was held thereon pursuant to noticeN as provided by statute; and 0) WHEREAS pursuant to due notice and advertisement in the manner provided by law, the Plan Commission of the Village has held such public hearing prescribed by law with respect to the requested zoning classificiation of B-3 Planned Business Center District for the planned development of Parcel A of said Property and for approval of the first phase of development of Parcel A for the establishment and operation of a 1-story 14,147 square foot ambulatory care center pursuant to a certain Preliminary Development Plan attached hereto and made a part hereof as Exhibit C; and -2- 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 hereinafter 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: Paragraph 1 APPLICABLE LAW This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1, et. seq. of the Illinois Municipal!i Code, (Chap. 24, IL Revised Statutes 1977) . 3 Paragraph 2 AGREEMENT: COMPLIANCE AND VALIDITY The Developer has filed with the Village Clerk of the Village a proper petition (Exhibit D hereto) pursuant to and in accordance with provisions of Section 7-1-8 of the Illinois Municipal Code, (Chap. 24, IL Revised Statutes 1977), conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex Parcel A 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 -3- of no force and effect unless Parcel A is validly annexed to the Village and is validly zoned and classified in the B-3 Planned Business Center District, all as contemplated in this Agreement. Paragraph 3 ENACTMENT OF ANNEXATION ORDINANCE The Corporate Authorities within 14 days of the execution of this Agreement by the Village will enact a binding ordinance (hereinafter referred to as the "Annexation Ordinance") annexing Parcel A to the Village. Paragraph 4 ENACTMENT OF ZONING ORDINANCE Within 14 days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid and binding ordinance zoning Parcel A in the B-3 Planned Business Center' District subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove. Said, zoning shall be further conditioned on the development of the Property in accordance with a Plan of Development prepared by HUNDRIESER GUTOWSKY AND ASSOCIATES dated October 11, 1979 (Exhibit C) and the Preliminary Engineering Plan (Exhibit G) which Plans the Village does hereby expressly approve. Paragraph 5 APPROVAL OF PLATS The Corporate Authorities agree to approve a Preliminary Plat of Subdivision pursuant to the provisions of Section 6 of the Village -4- Subdivision Regulations Ordinance and in addition agree to approve a Final Plat of Subdivision or plats or phases of the development of Parcel A promptly upon submission by the Developer of complete and proper materials as required for the issuance of appropriate building, occupancy and other permits based on final versions of the Plans and drawings of the development of Parcel A as submitted by the Developer provided that the plat or plats shall: a. conform to the Preliminary Plan, Exhibits C and G; and b. conform to the terms of this Agreement and all applicable Village ordinances and the Developer shall file with the Village a duly executed SIA (Subdivision Improvement Agreement) as hereinafter provided. Paragraph 6A AMENDMENT TO PLAN (PARCEL A) The Village agrees that the Developer may develop the remaining �J portion of Parcel A by one or more separate subsequent phases of tfs� M 9 development. It is understood and agreed that the Developer has no definitive plans for the development of the remainder of Parcel A (identified as Sub Parcel 3 on Exhibit C) provided, however, that a storm water detention facility located on Sub Parcel 3 as shown on the Preliminary Plan and designed to serve Parcels A and B is part of the initial approved development and shall be constructed and installed at the time of development of Sub Parcel 1, and further that Developer agrees that the use of Sub Parcel 3 shall be limited to a medical -dental office building, pharmacy, extended care facility, nursing home, retirement community, food service facility -5- accessory to the foregoing uses(but not including a drive-in or franchised fast food service,) or other similar related, accessory and compatible uses. Each additional phase of development of Parcel A shall be undertaken pursuant to a tentative site plan for Sub Parcel 3, to be submitted to and approved by the Village pursuant to the provisions of the Buffalo Grove Zoning Ordinance for B-3 Planned Business Center District. Paragraph 6B ANNEXATION AND DEVELOPMENT OF PARCEL B (a) The Developer agrees that during the term of this Agreement, it will not seek to annex Parcel B to any municipality other than the Village of Buffalo Grove, nor will it seek to develop Parcel B under the jurisdiction of Lake County without first filing a petition to annex Parcel B to the Village of Buffalo Grove, which petition shall be subject only to the condition that the parties enter into a mutually acceptable Annexation Agreement. Further, the Developer agrees that no later than one year prior to the expiration of the term of this Agreement, Developer will file a petition to annex Parcel B to the Village of Buffalo Grove and that said petition will be subject only to the condition that the Developer and the Village of Buffalo Grove enter into a mutually acceptable Annexation Agreement. (b) The corporate authorities of the Village of Buffalo Grove and the Developer agree in good faith to utilize their best efforts to seek to reach agreement upon the terms and conditions of such an 9M. Annexation Agreement. In that connection, it is agreed that the following numbered paragraphs of this Agreement, Pars. 7, 8, 9, 10, 11, 12, 14, 15 and 16, are acceptable to both parties and as appropriately modified to relate to Parcel B will be included as terms of the Annexation Agreement relating to Parcel B. The Developer further agrees that Parcel B shall not be developed or used except for a medical -dental office building, pharmacy, extended care facility, nursing home, retirement community, food service facility accessory to the foregoing uses,(but not including a drive-in or franchise fast food service,)or other similar related accessory and compatible uses. The Village and the Developer agree that Parcel B shall be zoned in the B-3 Planned Business Center District subject to the terms hereof and shall be developed in a manner that will be compatible with the proposed development of Parcel A. Paragraph 71� COMPLIANCE WITH APPLICABLE ORDINANCES The Developer agrees to comply with all ordinances of the Village LAI m of Buffalo Grove in the development of the Property provided, t) however, that no amendment to any existing ordinance nor any new ordinance, order or regulation adopted after the date of this Agree- ment which would (1) prohibit or further restrict the zoning uses of the Property as provided and authorized under the terms hereof, or (2) reduce the height limitations or bulk regulations applicable to the Property under the B-3 Planned Business Center District provisions of the Village Zoning Ordinance now in effect shall be applicable to either Parcel A or B; provided further that all new -7- 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. Developer, in the development of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Engineering Standards herein referred to as the Manual of Practice a copy of which has been made a part hereof as Exhibit E. Further, Developer agrees to enter into a Subdivision Improvement Agreement at the time of the filing of the Plat or Plats of Subdivision in form and substance substantially the same as that attached hereto as Exhibit H. Paragraph 8 BUILDING PERMIT FEES �i The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other {FF J ks� developments in the Village to the extent possible. In the event a� conflict arises between the Developer and the Village on any engineering and technical matters subject to this 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 subdivision. The Village reserves the right to amend its building or subdivision regulations from time to time. Developer shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to developers of property within the Village. Paragraph 9 WATER PROVISION The Developer 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 G are hereby approved by Village) and pay to the Village such fees for tap ons in accordance with the applicable Village ordinances at the time of the issuance of the water and sewer permits. The Developer 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 pro- vide to the best of its ability and in a non-discriminatory manner water service to all users on the Property in accordance with Preliminary Plan, Preliminary Plat and Final Plat of Subdivision.fi Water mains serving the Property and those approved as part of the development shall be installed by the Developer and except for �.o service connections to the building 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. Paragraph 10 SANITARY SEWER PROVISIONS The Corporate Authorities agree to cooperate with the Developer and use their best efforts to aid the Developer in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to either the Lake County Department of Public Works Sanitary Sewer System or the Metropolitan Sanitary District of Greater Chicago System, as the case may be. The Developer shall construct on site sanitary sewers as provided in the Preliminary Engineering Plans, Exhibit G. Upon installation and acceptance by the Village through formal acceptance by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such sewers except for sanitary sewer service lines and connections. The Developer agrees to accept any increase in sewer rates and tap ons provided that such fees and rates are applied consistently to all similar users in the Village. The Developer agrees to pay the Lake County Sanitary Sewer connection System improvement fee of$300 per or any additional charges required by ordinance or resolutions subject to this Agreement applied consistently to all similar users in the Village. C, F �tt77 �D Paragraph 11 PARKING AREA PROVISIONS The Developer agrees that all streets and parking areas are to be constructed in accordance with the Manual of Practice (Exhibit E) including pavement, curb and lighting standards. Paragraph 12 SECURITY FOR PUBLIC AND PRIVATE SITE IMPROVEMENTS In lieu of any bonds or deposits required for site improvements under Village ordinances and Administrative Order 2, a copy of which is attached hereto as Exhibit F, except for sanitary sewer inspection deposits and the Subdivision Improvement Agreement (Exhibit H) cash -10- deposit, the Developer may at its election furnish to the Village an irrevocable letter of credit issued by a sound and reputable banking or financial institution authorized to do business in the State of Illinois or other security acceptable to the Village in the amount equal to the amount of bonds or deposits required by Village ordinances. Said irrevocable letter of credit or other security shall be limited to the amount required for site improvements specified in Administrative Order 2(including but not limited to improvements both public and private such as earthwork, streets, driveway, parking area pavements, sidewalks, sanitary and storm sewers, water mains, drainage and storm retention/detention facilities, site grading, street lighting, and landscaping) for those areas of the Property which have received final subdivision approval by the Village. All performance guarantees and approval hereof shall be in accordance with Exhibit F and the executed Subdivision Improvement Agreement. Paragraph 13 VVUTD TmQ The following Exhibits, some of which were presented in testimony given by the Developer or the witnesses during the hearing held before the Plan 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. This Agreement upon execution by the parties, together with copies of all Exhibits, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. -11- Exhibit Al Plat of Annexation (Parcel A, Sub Parcel 1) Lake County Exhibit A2 Plat of Annexation (Parcel A, Sub Parcel 3) Cook County Exhibit B Legal Description of Parcel B Exhibit C Preliminary Plan (Preliminary Development Plan) Exhibit D Petition for Annexation of Parcel A Exhibit E Manual of Practice Exhibit F Administrative Order 2 Exhibit G Preliminary Engineering Plan Exhibit H Subdivision Improvement Agreement Paragraph 14 ANNEXATION FEE Developer agrees to pay an annexation fee in an amount equal to $600 per acre which fee shall be payable for Parcel A at the time of building permit issuance for the first building constructed on Parcel A and shall be payable for Parcel B when Parcel B is annexed to the Village and at the time of building permit issuance for the first building constructed on Parcel B. Paragraph 15 BUILDING AND LANDSCAPING PLANS It is the intent of the Developer to preserve the natural vegetation and character of the site to the extent possible and consistent with the development of the Property as contemplated by -12- the terms hereof. The Developer will seek to design a development plan for Parcels A and B which, consistent with the development of the Property, maximizes preservation of existing mature vegetation and in connection therewith will retain the services of a licensed landscape architect. In addition, the Developer agrees to develop a compatible architectural theme for the entire parcel. As required under Village Ordinance 72-12 and all amendments thereto, the Developer will submit building and landscaping plans, which land- scaping plans shall conform to the requirements of Village ordinances, for approval to the Appearance Commission and Corporate Authorities before commencing construction of buildings, which approval shall not be unreasonably withheld. Paragraph 16 UTILITY RECAPTURE PAYMENTS a The Property is encumbered for certain repayments to water mains+� and sanitary sewers which will service the subject Property. The fees noted below are payable upon issuance of the first building permit for the plan of development. a. Water recapture repayment $22,712.19 b. Sanitary sewer recapture repayment $18,679.05 Paragraph 17 ENFORCIBILITY 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 -13- law in equity to secure the performance of the covenants herein described. If any provision of this Agreement is held invalid, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the provisions contained herein. Paragraph 18 TERM OF AGREEMENT This will be binding on all parties for a term of five years from the date of the execution of this Agreement by the Village. Paragraph 19 BINDING EFFECT OF AGREEMENT This Agreement shall be binding upon the parties hereto, their respective successors and assigns provided, however, that in the event Developer's obligations herein are assumed in writing and a copy of which assumption is delivered to the Village by a successor to the Developer's interest in the Property, the Village shall look,9 i�•y solely to the Developer's successor for the performance of the�� z Developer's obligation hereunder. Paragraph 20 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. -14- Paragraph 21 NOTICES Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following address until notice of change of address is given and shall be deemed received on the second business day following deposit in the U.S. Mail. If to Developer: Northwest Community Hospital 800 West Central Arlington Heights, Illinois 60005 Copy to: Richard V. Houpt, Attorney c/o Pedersen & Houpt 180 North LaSalle Street 1) Chicago, Illinois 60601 Ali If to Village: Village Clerk. Village of Buffalo Grove' 50 Raupp Boulevard Buffalo Grove, Illinois 60090 Copy to: Bloche, French & Raysa 1011 Lake Street Oak Park, Illinois 60301 IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer have caused this instrument to be executed by their -15- respective proper officials duly authorized to execute the same on the day and the year first written above. VILLAGE OF BUFFALO GROVE ATTEST: By: President Vill.Age Clerk ESTATE OF CECILIA KOCH By: Executor NORTHWEST COMMUNITY HOSPITAL ATTEST: By President rwl ell) N AsrT ecretary/ HAS BEEN MICROFILMED SEE JACKET FILE No 25232364 EILOCHE, FRENCH & RAYSA ATTORNEYS AT LAW 9,UITE 332 1011 LAAE STTtEET OAK PARK, ILLINOIS 60301 36&7273 1979 NOV a AM I I f!