1978-033192c9i5
ORDINANCE NO. 78-
AN ORDINANCE APPROVING ANNEXATION AGREE-
MENT AND DIRECTING EXECUTION THEREOF BY
THE PRESIDENT AND CLERK OF THE VILLAGE
OF BUFFALO GROVE
(Henderson -Koch Property)
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 B:
Record Owner: WHEELING TRUST AND SAVINGS BANK, AS
Trustee under Trust No. 75-245
Legal Description:
Lot 14, (except the Easterly 20 feet thereof, measured
at right angles to the Easterly line of said Lot 14),
in Buffalo Grove Manor, a Subdivision of part of the
South half of Section 33, Township 43 North, Range 11,
East of the Third Principal Meridian, according to
the Plat thereof, recorded June 21, 1950, as Document
#701006, in Book 32 of Plats, page 29 in Lake County,
Illinois.
Record Owner: CECILIA KOCH
Legal Description:
That part of the South 613.02 feet of the South half of
Section 3, Township 43 North, Range 11, East of the third
Principal Meridian, which lies East of the East line of
McHenry Road, North of the North line of Lake Cook Road,
and West of the West line of Weiland Road, as said roads
as described in Deed Document No. 1658962, excepting
therefrom that Dart thereof lying East of the West line
of Lot 14 projected Southerly to the North line of Lake
Cook Road, in Buffalo Grove Manor, a Subdivision of part
of the South half of Section 33, Township 43 North, Range
11, East of the Third Principal Meridian, according to the
Plat thereof, recorded June 21, 1950 as Document #701006,
in Book 32 of Plats, page 28, in Lake County, Illinois.
PARCEL C-2:
Record Owner: CECILIA KOCH
Legal Description:
That part of the South 613.02 feet of the South half of
Section 3, Township 43 North, Range 11, East of the Third
Principal Meridian, which lies East of the East line of
McHenry Road, North of the North line of Lake Cook Road,
and West of the West line of Weiland Road, as said roads
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are described in Deed Document No. 1658962, excepting
therefrom that part thereof lying West of the West
line of Lot 14 projected Southerly to the North line of
Lake Cook Road, in Buffalo Grove Manor, a Subdivision of
part of the South half of Section 33, Township 43 North, Range
11, East of the Third Principal Meridian, according to the
Plat thereof, recorded June 21, 1950 as Document #701006,
in Book 32 of Plats, page 28, in Lake 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 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:
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 this 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 pro-
vided by law.
AYES: 5 - Bogart, Marienthal, Keister, Mendenhall, Fablsh
NAPES: 2 - Rech, Stune
ABSENT: 0 - None
PASSED: May 1 , 1978.
APPR'0V- Ep.-.;: May 1 1978.
w
ATTEST APPROVED:
Village'Clerk Village President 1020275
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this lst day of
May, 1970, by and among the vzLLaoo OF aorraLO mRVvn,
an Illinois Municipal Corporation (hereinafter referred to
as the "Village"), by and through the President and the
Board of Trustees of the said village of Buffalo Grove
(hereinafter collectively referred to as the "Corporate
Authorities"); CECIrIa K0Ca, as "o=opc" of Parcels C-1 and
c-Z hereinafter described, and WeEaLzmo znosz AND savzmGS
BANK, as Trustee under Trust No. 75-245, and LEaoY H. HARMS
and uzCoasD W. GL&Onoa, beneficiaries of said Trust, as
record "Owner" of Parcel B hereinafter described respec-
tively; and A. T. eomoomoom, (hereinafter referred to as the
"Developer"), pursuant to and in accordance with the provis-
ions of article II, Division I5,1 of the Illinois Municipal
Code (Illinois Revised Statutes, 1975, Chapter 24, Section
II-15.I et seq.). Parcel designations shall be in conform-
ance with Economic Research Associates Alternative Concept
plan dated February 22, 1978, as revised, which is attached
hereto as Exhibit "o" and made a part hereof by reference.
W I T N E S S E T H:
Weaeoas, Owners are the record m^oera of property
described as follows:
PARCEL-B:
Record Owner: WHEELING zoosr AND oAvzmsS aamo, as
Trustee under Trust No. 75-245
Legal Description:
Lot 14, (except the Easterly 20 feet thereof, measured
at right angles to the Easterly line of said Lot 14),
in Buffalo Grove Manor, a Subdivision of part of the
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South half of Section 33, Township 43 North, Range
ll, oast of the Third Principal meridian, according to
the Plat thereof, recorded June 21, 1950, as Document
#70I006, in Book 32 of Plats, page 28, in Lake County,
Illinois.
PARCEL C-l:
Record Owner: CEzzLza xOCH
Legal Description:
That port of the South 6I3.02 feet of the South half of
section 3, Township 43 North, Range Il, East of the 3cd
Principal Meridian, which lies East of the East line of
McHenry Road, North of the North line of Lake cook
Road, and West of the west line of Weiland Road,
as said roads are described in Deed Document mo-
I6589G2, excepting therefrom that part thereof lying
East of the West line of Lot 14 projected Southerly to
the North line of Lake Cook Road, in Buffalo Grove
Manor, a Subdivision of part of the South half of
Section 33, rowuabig 43 North, Range ll, East of the
cblzd Principal Meridian, according to the Plat
thereof, recorded June 21, I950 as Document #70I006, in
Book 32 of Plats, page 28, in Lake County, Illinois.
PARCEL-<;-2:
Record Owner: CoCzLzA KoCH
Legal Description:
That part of the South 613.02 feet of the South half of
Section ], Township 43 North, Range lI, East of the 3cu
Principal Meridian, which lies East of the East line of
McHenry Road, North of the North line of Lake Cook
Road, and nest of the West line of Weiland Road,
as said roads are described in Deed Document No.
1658962, excepting therefrom that part thereof lying
West of the West line of Lot 14 projected Southerly to
the North line of Lake coub Road, in Buffalo grove
Manor, a Subdivision of part of the South half of
Section 33, Township 43 North, Range ll, East of the
Third Principal Meridian, according to the.Plat
thereof, recorded June 21, 1950 as Document #701006, in
Book 32 of Plato, page 28, in Lake County, Illinois.
which property is contiguous to the Village of Buffalo Grove
and is not within the corporate limits of the Village or any
other municipality, and hereinafter referred to as the
"Subject Premises"; and
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WHEREAS, the Developer is the contract purchaser of the
subject Premises, and desires and proposes that the subject
Premises he developed pursuant to and in accordance with
Article VI, Section 5 (Planned Development, Special Use and
General Planned Development), of the Zoning Ordinance of the
village as such ordinance may from time to time hereafter be
amended, and in accordance with such other ordinances, codes
and regulations of the Village now in effect or hereafter
adopted or amended and also in accordance with the terms
and conditions of this Agreement. In addition thereto, De-
veloper intends to develop the following described property,
lying North of and adjacent to Parcel B, which property is
currently within the Village limits:
PARCEL a:
Legal Description:
Lot 13 (except that Dart thereof described as follows,
to -wit: Commencing at the North East corner of said
Lot I3» thence Southerly along the Easterly line
thereof, 130 feet/ thence West to o point on the
*eat Iioa of said Lot 13; which is 124.6 feet South of
the North West corner thereof; thence North along said
West line, I24.6 feet to said North West corner and
thence East along the Northerly line of said Lot,
736.85 feet to the place of beginning) said Lot 13
being in Buffalo Grove Manor, a Subdivision of part of
the South half of Section 33, Township 43 North, Range
ll, East of the Third Principal Meridian, according
to the Plat thereof, recorded June 21, 1950 as Document
#70I086, in Book 32 of Plats, page 28, in Lake County,,
zIIioois.
WHEREAS, owoeze have filed with the Village Clerk of
the Village a proper Petition for Annexation of the Subject
Premises to the Village, pursuant to and in accordance with
the provisions of section 7-1-8 of the Illinois municipal
Code (Illinois Revised Statutes, 1977, Chapter 24, Section
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7-1-8), subject to the execution of this Agreement and
pursuant to and in accordance with the terms and provisions
herein contained; and
WHEREAS, the Plan Commission of the Village being duly
designated by the Corporate Authorities of the Village to
hold a public hearing as prescribed by law with respect to
the requested annexation of the Subject Premises, the
proposed classification of the Subject Premises n Special
Use -General Planned Development under the Zoning Ordinance
of the Village, and all other terms and conditions of this
Agreement, has held such public hearing, and due notice of
such public hearing was published in the manner required by
law and said public hearing was held in all respects in a
manner conforming to law; and
WHEREAS, the eIeo Commission of the village has made
its report and recommendations to the Corporate Authorities
of the village in accordance with the Ordinances of said
village, and said Corporate Authorities have considered
such report and recommendations together with the terms and
conditions of this Agreement and a public hearing was held
thereon pursuant to due notice and publication all an
prescribed by law; and
WHEREAS, that it is the intent and desire of the
parties hereto that development of the Subject Premises
proceed as provided herein, subject to the terms and con-
ditions of this Agreement, and subject to the ordinances,
codes and regulations of the Village as the same may from
time to time hereafter be amended or adopted.
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NOW, THEREFORE, Ducsoant to and in accordance with
the provisions of Article II, Division 15.I of the Illinois
municipal Code (Illinois Revised Statutes, 1977, Chapter
24, Section I1-I5,1 et seg), and in consideration of the
mutual covenants and agreements therein contained, and other
good and valuable consideration, the parties hereto agree as
follows:
I. ResRonsibility. It is recognized by the parties
that there are obligations and commitments set forth herein
which are agreed to be performed by the Developer and not by
the Owners of Parcels e, C-1 and C-2 herein described. The
Owners of Parcels B, C-1 and c-2 shall not be directly
involved or participate in the development process and shall
not be subject to any personal liability or obligation to
perform the commitments and obligations set forth herein,
and the Village shall look solely to the Developer for
performance under this Agreement, except where stated in
Paragraph 24,
2, Annexation. The owners have filed with the Village
clerk of the village, a proper Petition, pursuant to and in
accordance with the provisions of Section 7-1-8 of the
Illinois Municipal Code, conditional on the execution of
this Agreement and compliance with the terms and provisions
contained herein, to annex the Subject Premises to the
village. The Corporate Authorities, within ninety (90) days
of the execution of this Agreement by the Village, will
enact a valid and binding ordinance, annexing the Subject
Premises to the Village.
3. Zoning Classification. Immediately after enactment
of the ordinance annexing the Subject Premises to the
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village as set forth in Paragraph 2 hereof, the Village
shall adopt an ordinance or "cdivaocco classifying the
properties heretofore described herein as follows:
Parcels a, B and C-2 a-9, General
eIaooed.oevelopmant
Parcel C-1 o-I, General
Planned Development
together with such other or special ordinances, resolutions,
regulations or action as may be necessary and appropriate to
enable the Developer to develop the Subject Premises in
accordance with the Special Use -General Planned Development
zoning classification of the Village of Buffalo Grove
zoning ordinance. Parcel C-1 shall consist of business paea
as described in the Economic Rescocrb Associates Planning
Reports of January 2, 1978, except where superseded by the
revised report of March J, 1978, all subject to the provisions of
paragraph b (b) herein.
4. Conditions Precedent. It is understood and agreed
by the parties hereto that this Agreement, in its entirety,
together with the Petition of the Owners for annexation of
the Subject Premises to the Village, shall be null and void
and of no force or effect ouleaa said Subject Premises are
validly zoned and classified under the Zoning Ordinance of
the Village in accordance with Paragraph ] above.
5.Building Permits. The
Corporate Authorities agree to approve final plats of units,
parcels or phases of the development, or plats of subdivision
of the Subject Premises, and issue building permits based
upon final versions of plans, specifications and drawings
(hereinafter referred to as "Final eIaoo and Specifications")
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of improvements proposed for the Subject Premises by the
Developer, provided that:
(a) Such Final Plans and Specifications conform to
the terms and provisions of this Agreement and all
applicable Village Ordinances, rules and regulations in
effect as of the date hereof or as amended from time to
time; and
(b) The Developer has performed all of the obliga-
tions required of him by this,Agreement up to the date
of submission of such Final Plans and Specifications.
6. (a) Change of Zoning Classification. if the
Developer desires to make changes in the Concept Plan as
herein approved, the parties agree that such changes in the
concept eIao will require, if the village so determines, the
submission of amended plats of plans, together with proper
supporting documentation, to the Plan Commission and the ,
Corporate Authorities to consider such changes to this
Agreement which would allow the desired changes to the
Concept Plan. The Corporate Authorities may, at 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 consider-
ation of any change in the Concept Plan.
(b) Use Change in Use i , The uses
allowed in Parcel C-I are hereby restricted to a funeral
home, a financial institution, a restaurant and a retail -
office use in the buildings as are more fully delineated
on the alternative concept plan as revised through February
22, 1978.
Any proposed change in use shall be submitted
to the Corporate Authorities. Any change in use shall
only be allowed upon the affirmative vote of two-thirds
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(2/3) of the Corporate Authorities, i'e..tue President and
Board of Trustees.
7. Sewer and Water. The Developer shall be permitted
and agrees to tag -on to the village water system and sanitary
sewer system at the points recommended by the Village
Engineer, subject to the provisions of Paragraph D of this
Agreement, and gay to the Village such fees for such tap -ono
in accordance with the applicable Village Ordinances at the
time of issuance of the water and sewer permits. Following
such tap -on, the Village agrees to provide to the best of
its ability, in a nondiscriminatory manner, water service
to all the residential units to be constructed on the
Subject Premises in accordance with the Concept eIau- Water
mains serving the Subject Premises, and those approved as
part of this development, shall be installed by Developer,
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 part of the Village
water main system and sanitary sewer system maintained by
the Village.
8. '
The Corporate Authorities agree to cooperate with the
Developer and to use their best efforts to aid Developer
in obtaining such permits from governmental agencies having
jurisdiction as may be necessary to authorize connections
from the proposed development to the Lake County Department
of Public Works for the collection of sewerage, and to the
State or County roads, as may be appropriate. The Developer
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sboII construct on -site sanitary and storm scmeca as may be
necessary to service the Subject Premises. Upon installation
and acceptance by the Village through formal acceptance
action by the Corporate Authorities, the Corporate Authori-
ties agree to operate and maintain such systems, except
for sanitary sewer service connections. The Developer
agrees to accept any increases in water and sewer rates and
tap -on fees, provided that such fees and rates are applied
consistently to ail similar users in the viIIuge' The
Developer agrees to pay the Lake County Water System Improve-
ment fee.
9. Developer's Improvements. It is further understood
and agreed that a portion of the.system of sanitary and
storm sewers, drainage systems, water mains, all to be
constructed and installed by the Developer to serve the
proposed development on the Subject Premises (herein referred
to as "Developer's Improvements"), may be so located and/or
oversized as to benefit neighboring properties not owned by
the Developer, by making such sanitary and storm sewers,
drainage systems and water service available thereto. The
Corporate Authorities agree to adopt an ordinance and take
such other action as may be necessary to permit the Developer
to recapture from such neighboring property owners as
may be beoefitted by Developer's Improvements as determined
by the village, that portion of the costs of the construction
and installation of Developer's Improvements and such
legally permitted interest, plus a collection fee payable to
the Village, in such proportionate amounts from such
neighboring property owners as may be so benef1tted' The
Village and Developer agree to use their best efforts to
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cooperate to achieve the most practical and economically
feasible route to the off -site utilities connection points
to permit the Developer to connect to the existing village
utility systems so long as such routes are within publicly
owned property or easements iouzciog to the public benefit.
The village agrees to cooperate with the Developer in
effectuating recapture from future users, as appropriate,
including, but not necessarily limited to, advising Developer
of additional connections which the Village intends to
permit, collecting and remitting fees, executing and record-
ing appropriate recapture documents, and any other lawful
means available to the villaqe, The Developer agrees to
accept any increase in sewer and water rates which are
applied consistently to all other similar developments in
the village.
10' Building Permit Fees. Building permit fees may be
increased (provided that any such increase is a general
increase applicable to the entire Village and not limited to
the subject Premises) from time to time, as long as said
permit tees are applied znosistaotly to all other similar
developments in the Village. In the event a conflict arises
between the Developer and Village on any engineering or
technical matter 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.
ll. Stzeegsi, The Developer agrees that all streets,
whether public or private, shall be constructed in accordance
with Village standards as determined by the Village Engineer.
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Public streets, upon their completion and acceptance, shall
he dedicated to the village. The Corporate Authorities
agree after acceptance, to maintain any such dedicated
public atceeto'
12. Performance Guarantees. in lieu of any bonds or
deposits required for public improvements under Village
ordinances and Administrative order #2 made a part hereof
as Exhibit "s-AA", 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 author-
ized to do business in the State of Illinois, or other
security acceptable to the village, in an amount equal to
the amount of bonds or deposits required by the Village
ordinances. Said irrevocable letter of credit or other
security abaII be limited to the amount required for public
improvements (iooIodlug but not limited to sanitary sewers,
storm sewers, water mains, storm water retention facilities,
streets, curbs, sidewalks, parkway trees and street lights,
pack site and bike path system), in those areas of the
Subject Premises which have received final subdivision
approval by the village. It is agreed that any bonds,
deposits, letters of credit or other security shall be
reduced in an amount from time to time as the public improve-
ments covered by such security are completed.
13. Esthetic Control. The Developer shall submit
building and landscaping plans to the Appearance Commission
and the Corporate Authorities for approval prior to commenc-
ing construction of improvements on the.Subject Premises as
required under Village ordinance No. 72-12. The village
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agrees that such approval shall not unreasonably be withheld.
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14. Library District. The Developer agrees, at the
request of the Indian Trails Library District, to annex all
or any portion of the Subject Premises to such library
district.
15. Park District. The Developer agrees, at the
request of the Buffalo Grove Park District, to annex all or
any portion of the Subject Premises to such park district.
16. School Contributions. Developer agrees that be
will make contributions of money in conformance with Ordin-
ance No. 77-72, in lieu of contributions of land, for sobuul
sites. Such contributions shall be paid to the Village
rouoorceutIy with the issuance by the Village of the building
permit for each dwelling constructed on the Subject Premises.
The contribution amount shall be based ogoo the estimated
number of children produced per dwelling unit estimated on
the Table of Estimated Ultimate Population Per Dwelling
Unit published by the Illinois School Consultant Service, as
follows:
A. Elementary to Junior High School
District No. 96
l> one bedroom unit ------------- $ 26.64
2) Two bedroom unit ------------- $ I81.22
Estimated Total Contribution ----- $15,450.00
B. Stevenson High School
District No. 125
l) One bedroom unit ------------- $ None
2) Two bedroom unit ------------- $ 27.41
17, Park Contributions. Developer has conferred with
representatives of the Buffalo Grove park District. The
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bicycle paths and common open space shown in Exhibit "a"
have been approved by the Park District. The parcels
designated as bicycle paths as shown on Exhibit "a" shall
be designated as easements of twenty (20) feet in width for
use for walkways and bike path purposes for the benefit of
the public on the Plat of Subdivision or condominium filing
submitted for recording. The construction of tue bicycle
paths shall be at Developer's expense and shall be maintained
by the owners of the property or the Condominium aosociation,
Developer will cause to he prepaid and will deliver plats of
all portions of the Subject Premises nbiob are to be conveyed
and/or dedicated, and Developer warrants that all real
estate taxes to the date of dedication will be paid. All
dedications shall conform with the requirements of village
ordinance 77-72 and any subsequent agreements between
Developer and the Village rocm oiotciot, Further, the
Developer agrees to comply with the rack District recommenda-
tions and addenda thereto of March 9, 1978 and included
as Exhibit "a -AA" which contemplates a $34^000.00 dollar
cash contribution in addition to laud improvements all
subject to final engineering determination and to usability
of recreational open space.
I@. Landsca2ing Plans. As required under Village
ordinance No. 72-I2, Developer will submit building and
landscaping plans (which Ioodoomgiug plans shall conform to
the requirements of Village Ordinances), for approval by the
Appearance Commission and the Corporate Authorities before
commencing construction of buildings. It is further agreed
that the Developer shall submit to the Appearance Commission
and Corporate Authorities for examination and approval u
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proposed plan for each different model single-family building
to be constructed upon the Subject eremiaea, Developer
shall fully comply with any reasonable request of the
village Engineer related to placement of structures on lots,
to preserve drainage otandacds, The submissions required of
Developer by this Paragraph shall not be required until
Developer is prepared to apply for building permits.
19. Annexation Fees. Developer agrees to pay an
annexation fee of One Hundred ($100.00) ooIIaco per dwelling
unit, said fee being payable upon issuance of building
permits from time to time.
20. Exhibits. The following exhibits, which were
presented in testimony given by Developer or other witnesses
during the hearings held before the eIau Commission and the
Corporate Authorities prior to the execution of this Agree-
ment hereinafter designated, are hereby made u part of this
urgeemeut whether or not physically attached to this Agree-
ment. said exhibits will be kept on file by the village
Clerk and will be available for inspection or copying by the
parties hereto.
A. Survey of tract to be developed.
B. Site Plan. Alternative Site eIao dated February
22, 1978, prepared by Ecooimic Research Associ-
ates, which discloses:
l) Anticipated residential density. 13.75 D,V./8C.(overvll
2) Proposed total gross floor area. 242,500 sq. ft.
3) Bedroom ratios for residential units. l bedroom = 29
2 bedroom = 145
4) Percentage of the development which is to
be occupied by structure. Total building coverage I7'0%
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5> identification of principal types of
businesses to be included in the develop-
ment.
C. Preliminary sketches of the proposed structures
and a landscape plan shall be prepared by
a qualified architect and/or landscape planner.
D. Development schedule.
O. Evidence that applicant has sufficient control
over tract to effectuate the gIau in the form
of A.T. Henderson contracts to purchase.
F. Copies of proposed Condominium Declaration
And Bylaws, with a statement describing provis-
ions for care and maintenance of open sD«oo-
G-AA- Administrative Order.
H-AA. Park District contribution material.
Z. Manual of Practice.
J. Preliminary Engineering Documents.
21. Time of the Essence. It is understood and agreed
by the parties hereto that time is of the essence of this
Agreement, and that all parties will make every reasonable
effort to expedite the subject matters hereof. It is
further understood and agreed by the parties that the
successful consummation of this Agreement and the development
of the Subject Premises in accordance with the best interests
of all parties requires their continued cooperation. The
Developer hereby agrees to fully comply with all Village
requirements, to discuss any matters of mutual interest
which may arise, and to assist the Village to the fullest
extent possible. The Corporate Authorities likewise agree
to extend their continued cooperation to the Developer in
order to resolve any mutual problems which may arise, and to
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otherwise facilitate the development of the Subject Premises
as contemplated by the provisions hereof.
22- Severability. The provisions of this Agreement are
severable, and if any court of competent jurisdiction shall
adjudge any provision hereof to be invalid or uoeforceabIe,
such provision shall be deemed to be excised hecefrom and
the invalidity thereof shall not affect any of the other
provisions herein contained.
23. Effect of this Aqreement. It is the agreement of
the parties hereto that if any resolution or ordinance of
the Village or any amendments or modification thereof, now
or hereafter in effect abwlI be in any way inconsistent or
in conflict with any provisions hereof, then the provisions
of this Agreement shall constitute lawful and binding
amendments to, and shall supersede the terms of said incon-
sistent ucdiunocea or resolutions, as they may relate to the
Subject Premises.
24. Enforceability. This Agreement shall be enforceable
in any court of competent jurisdiction by any of the parties
hereto by any appropriate action of law or in equity to
secure the performance of the covenants herein coutaioed-
25, Binding Effect and Term. This Agreement obaII be
binding upon and inure to the benefit of the parties hereto,
their successors and assigns, including specifically any
successor owners of record of the Subject Premises, whether
directly or beneficially, and their assignees, lessees or
others deriving,any interest in the Subject Premises through
them, any successor municipal authorities of the Village or
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successor municipalities, and any successor developer or
other person who may directly or indirectly, through contract
or otherwise, be in a position to influence the development
of the Subject Premises, for a period of fire (5) years from
the date of execution hereof, and any extended time that may
be agreed to by the parties.
26. Trustees Limitation of Liability. This instrument
is executed by WHEELING TRUST AND SAVINGS aamn, as Trustee
under Trust No. 75-245, and LCaDr B. HARMS and BzCHARo W.
scAomoa, beneficiaries of said Trust, not personally, but
solely as Trustee aforesaid, in the exercise of tbepowec
and authority conferred upon and vested in it as such
rrustee. All the terms, provisions, stipulations, covenants
and conditions to be performed by the Trustee are undertaken
by it solely as Trustee, as aforesaid, and not individually
and all statements herein made are made on information and
belief and are to be constructed accordingly, and no personal
liability shall be asserted or be enforceable against the
Trustee by ccosmo of any of the terms, provisions, stipula-
tions, covenants and/or statements contained in this instru-
ment.
37. Limitation of Personal Liability of Municipal
The parties acknowledge and agree that the individ-
uals who are members of the group constituting the Corporate
Authorities are entering into this Agreement in their
official capacities as members of such group and abaII have
no personal liability in their individual capacities.
28. Notices. Any notice required pursuant to the
provisions of this Agreement shall be in writing and sent by
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certified mail, to the following addresses (until notice of
change of address is given), and shall be deemed received on
the second business day following deposit in the U.S.
If to Developer: Mr. A. T. Henderson
c/o Wheeling Trust and Savings
Bank
345 North Wolf Road
Wheeling, Illinois 60068
If to Village: village clerk
Village of Buffalo Grove
50 naupg Boulevard
Buffalo Grove, Illinois 60090
29. Reverter. If the terms of this Agreement are not
carried out by the Developer, any part of the subject
property which is not yet developed may be reclassified to
the R-I zoning classification and/or may be disconnected
from the Village if the Corporate Authorities so desire. In
such event, this paragraph shall be considered to be the
petition of the owner for such disconnection or rezoning.
30. Manual of Practice. Developer agrees to comply
with the Village of Buffalo Grove Manual of Practice attached
as Exhibit "z"'
IN WITNESS WHEREOF, the Corporate Authorities have
caused this Agreement to be executed by the duly authocied
President of the village, attested by the Village Clerk, and
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the corporate seal affixed thereto, and the owners and
Developer have hereunto set their hands and seals as of the
day first above written.
VILLAGE: Village of Buffalo Grove, an
Illinois Municipal/Corporation
BY: a
Village President
110600 T-P SEAL]
ATTEST
Clerk
OWNER:
-CECILIA KOCH
OWNER: WHEELING TRUST AND !SAVI&C�S
BANK, as Trustee under!.T,."-
No. 75-245
BY:
As Ttustee Aforesaid"
fI
BENEFICIARIES OF
SAID TRUST:
�EROY YH I �AR
HARD W. GLA R
DEVELOPER:
A. T. HENDERSON
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