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1981-0262114555 ORDINANCE NO. 81- 26 AN ORDINANCE APPROVING ANNEXATION AGREE- MENT and AMENDMENT TO ANNEXATION AGREE- MENT (Steeple View) WHEREAS, pursuant to Ordinance No. 78-33, the Village of Buffalo Grove approved an annexation agreement dated May 1, 1978 and that the subject premises was subsequently annexed to and zoned in the Village; and WHEREAS, there has heretofore been submitted to the cor- porate authorities of the Village, a petition to amend the aforementioned annexation agreement (hereinafter Parcel 1) and to annex certain other real property to the Village (here- inafter Parcel 2); and WHEREAS, there has also been submitted to the corporate authorities of the Village of Buffalo Grove an Annexation Agree- ment and an Amendment to Annexation Agreement pursuant to sta- tute; and WHEREAS, proper and due notices of public hearings 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 Agree- ment; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE: SECTION 1. The Annexation Agreement and Amendment to Annexa- tion 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 this Village are hereby allLhorized to execute said Agreements 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. -2- AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NAYES: 0 - None ABSENT: 0 - None PASSED: may 18 11981. APPROVED: may 18 '1981. GI e rk APPROVED: C'%�� Village President�-- 2144553 PARCEL #2 2114553 Lot 15 in Buffalo Grove Manor, a subdivision of part of the South Z of Section 33, Township 43 North, Range 11, East of the Third Principal Meridian, also all that part of McHenry Road as per plat of dedica- tion recorded as Document #374979 which lies South of the North line of aforementioned Lot 15, extended West and which lies North of the South line of afore- mentioned Lot 15, extended West, all in Lake County, Illinois, ANNEXATION AGREEMENT AND AM M1ENT TO ANNEXATION AGREEMENT This Agreement (hereinafter referred to as the "Agreement") made and entered into this 18th day of May , 1981, 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 WHEELING TRUST & SAVINGS BANK as Trustee under Trust Agreement dated March 30, 1970 and known as Trust No. 810 (hereinafter referred to as "Owner"). WITNESSETH: SEAS, Owner is the owner of a tract of property comprising approximately 4.1 gross acres, located on the North East corner of McHenry Road (Route 83) and Lake Cook Road, which has heretofore been annexed to the Village of Buffalo, and is presently zoned B1-General PUD, and subject to the terms of an Annexation Agreement dated the lst day of May, 1978 which property is legally described as set forth in Exhibit "2" attached hereto and referred to as Parcel 1; and U MkS, Owner is the owner of a tract of property consisting of approximately 2.92 gross acres, located immediately North of and contiguous to the property referred to in the preceding paragraph, which property lies outside the Corporate limits of the Village, which is legally described as set forth in Exhibit "2" attached hereto, and is referred to as Parcel 2; and WHEREAS, Owner desires that the Annexation Agreement dated the 1st day of May, 1978, be amended with respect to Parcel 1, and that Parcel 1, be rezoned frcm its B-1 General PUD classification, to B-3 Planned Business Center classification in accordance with the terms of this Agreement, and to be developed in conjunction with Parcel 2, upon annexation of Parcel 2, under the B-3 Planned Business Center zoning classification and in accordance with the terms of this Agreement; and 2114555 EVW; t A WBEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable to the B-3 Planned Business Center District of the Village Zoning Ordinance and this Agreement to develop Parcels 1 and 2 in accordance with and pursuant to a certain Site Plan prepared by C.A. ASSOCIATES, LTD. dated as last revised April 20, 1981, and also Preliminary Engineering Plan prepared by WILLIAM L. MEINHOLZ dated as last revised the 1st day of May, 1981, (hereinafter jointly referred to as the "Preliminary Plan"), a copy of which Preliminary Plan is attached hereto as Exhibit "3" and Exhibit 'V and incorporated herein, and subject to all other Exhibits attached hereto or incorporated by reference herein; and WHEREAS, pursuant to the provisions of Section 11-15.1-1 et.seq. of the Illinois Municipal Code (Chap. 24, Illinois Revised Statutes 1979), a proposed Annexation Agreement, and Amendment to Annexation Agreement in substance and in form substantially the sane as this Agreement, was sub- mitted to the Corporate Authorities and a public hearing was held thereon pursuant to due notice as provided by statute; and LEAS, pursuant to due notice and advertisement in the manner pro- vided by law, the Plan C mi&ssion of the Village has held such public hearing prescribed by law with respect to the requested zoning classifications of B-3 Planned Business Center District for the planned development of Parcels 1 and 2 for the establishment and operation of a three (3) story 52,500 square foot office building, and a 6000 square foot restaurant building, as set forth in Sites designated A and B respectively in the Preliminary Development Plan of C.A. ASSOCIATES, LTD., and made a part of this Agreement as Exhibit "3"; 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- after 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 convenants and agreements herein set forth, the parties hereto agree as follows. 2114555 -2- 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 Code (Chap. 24, Illinois Revised Statutes 1979). 2. Agreement: Ccmpliance and Validity. The Owner has filed with the Village Clerk of the Village a proper Petition (Exhibit 5 hereto) pursuant to and in accordance with provisions of Section 7-1-8 of the Illinois Municipal Code (Chap. 24, Illinois Revised Statutes 1979), conditioned on the execution of this Agreement and the mpliance with the terms and provisions contained herein, to annex Parcel 2 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 Parcel 2 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. 3. Enactment of Annexation Ordinance. The Corporate Authorities within fourteen (14) days of the execution of this Agreement by the Village will enact a binding ordinance (hereinafter referred to as the "Annexation Ordinance") aMexing Parcel 2 to the Village. 4. Enactment of Zoning Ordinance. Within fourteen (14) days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid and bind- ing ordinance zoning Parcels 1 and 2 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. It is understood and agreed that the B-3 zoning classification as relates to Sites B, C and D is conditional only, and that Owner shall prior to construction or use of said parcels, present specific uses and site plans, elevations and esthetic plan for approval to the Corporate Authorities. Such approval shall be in the sole discretion of the Corporate Authorities, and be passed by a 2/3rds vote of the Corporate Authorities. Said zoning shall be further conditioned on the development of the Property in accordance with a Plan of Development -3- 2114555 prepared by C.A. ASSOCIATES, LTD. dated the 20th day of April, 1981 (Exhibit 3) and the Preliminary Engineering Plan (Exhibit 4) which Plans the Village does hereby expressly approve, as to Site A. 5. Approval of Plats. The Corporate Authorities hereby approve a Preliminary Plan of Development (Exhibits 3 and 4) pursuant to the provisions of Section 6 of the Village Subdivision Regulations Ordinance and in addition agree to approve a Final Plan of Development or plats or phases of the development of Parcels 1 and 2 praEptly upon submission by the Owner 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 Parcels 1 and 2 as submitted by the Owner provided that the plat or plats shall: (a) Conform to the Preliminary Plan, Exhibits 3 and 4; and (b) Conform to the terms of this Agreement and all applicable Village ordinances; and (c) It is understood and agreed that Site B is reserved for restaurant use (excluding fast food restaurants). Owner agrees to exercise diligent effort to obtain designated users for Sites C and D and submit Final Development Plans for said lots upon finding a user desiring to develop the respective parcels. In the event a restaurant use as desig- nated cannot be obtained, Owner reserves the right to petition the Village Board for a modification of the uses on Site C. (d) The access drive between Sites C and D unto Route 83 shall be reduced to a right in/right out upon the first to occur of the following: (1) the installation of a raised median on Route 83. (2) the installation of a full shared access serv- ing Sites A, B, C and D and the property lying north and adjacent to Site D. The design of the right in/right out intersection shall be subject to the approval of the Village Engineer. (e) The Subdivision Plat to be filed depicting Sites A, B, C and D shall bear a legend that no access to Lake Cook Road and Route 83 shall be allowed at other than the designated access points on the Site Plan. (f) Public access easements shall be provided on site as part of the subdivision plat pursuant to the recommendation of the Village Engineer. (g) The Owner shall file with the Village a duly executed SIA (Subdivision Improvement Agreement) as hereinafter provided. (h) If not presently dedicated, Owner agrees upon request of the Corporate Authorities to dedicate from Parcel 2, a right of way not to exceed 50 feet in width from the canter line of Route 83. -4- 2114555 6. Amendment of Plan. If the Developer desires to make changes in the Preliminary Plan, as herein approved, the parties agree that such changes in the Preliminary Plan will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting documentation, to the Plan Commission and/or the Corporate Authorities to consider such changes to this Agreement, The Corporate Authorities may, at their sole discretion, require additional public hearings, andd may review the commfLtments of record contained in this Agreement, including, but not limited to, fees prior to final consideration of any change in the Preliminary Plan. 7. Conpliance with Applicable Ordinances. The Owner agrees to comply with all ordinances of the Village of Buffalo Gove in the development of the Property, as amended, provided further 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. Owner, 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, as amended from time to time, a copy of which has been made a part hereof as Exhibit "6". Further, Owner 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 8. 8. Building Permit Fees. The building permit fees may be increased from time to time so long 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 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 2114555 -5- building or subdivision regulations from time to time. Owner shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Owner of property within the Village. 9. Water Provision. The Owner shall be pemnitted 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 4 are hereby approved by the 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 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-dis- criminatory manner water service to all users on the Property in accordance with Preliminary Plan. Water mains serving the Property and those approved as part of the development shall be installed by the Owner and except for 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 beccae a part of the Village water system maintained by the Village. 10. Sanitary Sewer Provisions. The Corporate Authorities agree to cooperate with the Owner and use their best efforts to aid the Cleaner in obtaining such permits from govern- mental agencies having jurisdiction as may be necessary to authorize connec- tion frcm the proposed development to the Lake County Department of Public Works Sanitary Sewer System. The Owner shall construct on site sanitary sewers as provided in the Preliminary Engineering Plans, Exhibit 4. 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 Cleaner agrees to accept any increase in sewer rates and tap ons provided -6- 2114555 that such fees and rates are applied consistently to all similar users in the Village. The Owner agrees to pay the Lake County Sanitary Sewer System improvement fees per connection and any additional charges required by ordinance or resolutions subject to this Agreement applied consistently to all similar users in the Village. 11. Storm Sewer Provisions. The Developer shall also construct any storm severs which may reasonably be necessary to service the Property. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain that portion of the storm sewer system which serves public streets, or multiple properties. The private property owners shall maintain that portion of the storm sewer system which exclusively serves private parking areas or other private property. There will be restrictive convenants recorded for the maintenance and operation of the drainage detention facility and parking lot detention is prohibited. 12. Parking Area Provisions. The Owner agrees that all streets and parking areas are to be constructed pursuant to the Village Subdivision Regulations and Ordinances and the Manual of Practice (Exhibit 6) including pavement, curb and lighting standards. 13. Security for Public and Private Site Improvements. In lieu of any bonds or deposits required for site improvements under the Village ordinances and Administrative Order 2, a copy of which is attached hereto as Exhibit "7", except for sanitary sewer inspection deposits and the Subdivision Improvement Agreement (Exhibit 8) cash deposit, the Owner 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 accept- able to the Village in the amoLmt equal to the amount of bonds or deposits required by Village ordinances. Said irrevocable letter of credit or other 2114555 -7- security shall be limited to the amount required for site improvements specified in Administrative Order 2 (including, but not limited to, improve- ments, both public and private, such as earth,-jork, streets, driveways, 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 7 and the executed Subdivisicnn Improvement Agreement. 14. Exhibits. The following Exhibits, sane of which were presented in testimony given by the Owner or the witnesses during the hearing held before the Plan Cammission 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. EMBIT TITLE Exhibit 1 Plat of Annexation (illustration and describing Parcel 2, parcel to be annexed). Exhibit 2 Plat of Survey showing Parcels 1 and 2. Exhibit 3 Site Plan. Exhibit 4 Preliminary Engineering Plan. Exhibit 5 Petition for Annexation of Parcel 2. Exhibit 6 Manual of Practice. Exhibit 7 Administrative Order 2. Exhibit 8 Subdivision Improvement Agreement. 15., Annexation Fee. Owner agrees to pay an annexation fee in an amount equal to $600.00 per acre which fee shall be payable for Parcel 2 at the time of building permit issuance for the building to be constructed on Site A. 16. Building and Landscaping Plans. As required under Village Ordinance 72-12 and all amendments 2114555 thereto, 'the Owner will submit building and landscaping plans, which land- scaping plans shall conform to the requirements of Village ordinances, for approval to the Appearance CuiTnission and Corporate Authorities before conmencing construction of buildings. 17. Facia Signage. The exterior signs and site lighting on Sites A, B, C and D shall be subject to approval by the Appearance Commission. It is understood and agreed that no facia signage be allowed on the office use on Site A and that the Corporate Authorities intend that signage and exterior lighting be complimentary to the signage and lighting existing on the Northwest Cam Lu-ity Hospital Ambulatory Care Centem;hich lies to the South of the subject property. 18. Enforcibility of the Agreement. This Agreement shall be enforceable in any court of competent juris- diction by any of the parties or by an appropriate action at 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 ex- cised herefrom and the invalidity thereof shall not affect any of the provi- sions contained herein. 19. Term of Agreement. This Agreement and the terms of the Annexation Agreement dated the lst day of May, 1978 which are not inconsistent with the terms of this Amend- ment shall be binding on all parties for a term of ten (10) years from the date hereof. 20. Binding Effect of Agreement. This Agreement shall be binding upon the parties hereto, their respective successors and assigns provided, however, that in the event Owner's obligations herein are asstmied in writing and a copy of which assumption is delivered to the Village by a successor to the Owner's interest in the Property, the Village shall look solely to the Owner's successor for the performance of the Owner's obligation hereunder. 21. 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. -9- 2114555 r 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 second busi-less day following deposit in the U.S. Mail. If to Owner: Wheeling Trust & Savings Bank 350 Fast Dundee Road Wheeling, Illinois 60090 Copy to; A.T. Henderson 345 North Vblf Road Wheeling, Illinois 60090 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 VE=S V=OF, 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 written above. � Village Cleo FC: ^ VD T�AGE OF BUFFALO GROVE :�LL President WTE[.ING TRUST & SAVLNGS BANK, as Trustee under Trust Agreement dated March 30, 1970 and known as Trust 810 BY: 7/1 -10- 2114555