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1986-070 ORDINANCE NO. 86- 70 2532928 AN ORDINANCE APPROVING ANNEXATION AGREEMENT (Klefstad Property-Arbor Creek.Business Centre) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally des- cribed in Exhibit A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notices of public hearings on said Annexation Agreement and Zoning 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. This Ordinance shall not be codified. AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski NAPES: 0 - None ABSENT: 1 - Shields PASSED: December 1 1986 APPROVED: December 1 1986 r " APPROVED: U _.... .«►r►-i VERNA L. CLAYTON, Village P" esident Vi11a �3srk` 2532928 :, � =4X_ 3 12/1/86 2532928 ARBOR CREEK BUSINESS CENTRE ANNEXATION AGREEMENT Table of Contents 1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . .3 3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 5. Approval of Plats. , . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . 6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . .4 7. Amendment of Plan, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 8. Building Permit and Engineering Fees. . . . . . . . . . . . . . . . . . . . . . . . . .5 9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . .6 11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 12. Developer Recapture of Utility Costs. . . . . . . . . . . . . . . . . . . . . . . . . .8 13. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 14. Security for Public and Private Site Improvements. . . . . . . . . . . . .9 15 Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 16. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . . .9 17. Declaration of Protective Covenants. . . . . . . . . . . . . . . . . . . . . . . . . .10 18. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 19. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . . . 12 20. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 22. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 24. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 25. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 26. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 27. Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 28. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 29. Trustee Exculpation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 a 12/1/86 2532928 ARBOR CREEK BUSINESS CENTRE ANNEXATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 1st day of December, 1986, among 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") , CITIZENS BANK & TRUST COMPANY as Trustee under a Trust Agreement dated March 2, 1984, and known as Trust No. 66-1539, and LaSALLE NATIONAL BANK, as Trustee under a trust agreement dated June 27, 1986, and known as Trust No, 111260 (hereinafter collectively referred to as "Owner") , and KLEFSTAD COMPANIES, INC., an Illinois corporation (hereinafter referred to as "Developer") . C W I T N E S S E T H: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property comprising 110.723 acres more or less (which includes any adjacent unincorporated right of way not owned by Owner) legally described and identified in the Plat of Annexation, which is attached hereto as EXHIBIT B, which exhibit is 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, Owner desires and proposes pursuant to the provisions and regu- lations applicable to the I (Industrial) District of the Village Zoning Ordinance to develop the Property in accordance with and pursuant to a certain Preliminary Plan prepared by Erler and Associates and dated as last revised on 11/25/86, a copy of which Preliminary Plan is attached hereto as EXHIBIT D and incorporated 1 2532928 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 (Chapter 24, Illinois Revised Statutes 1985) and as the same may have been modified by the Village's Home Rule Powers, a proposed Annexation Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the Village has held a public hearing and made its recommendations with respect to the requested zoning classification in the I (Industrial) District, and certain variations requested by Developer; and, WHEREAS, the President and Board of Trustees after due and careful consid- eration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further the growth of the Village, increase the tax base of the Village, enable the Village to control the development of the area and would serve the best interests of the Village; and, WHEREAS, the Corporate Authorities have approved this Agreement by a 2/3 majority or better affirmative vote and have further directed this Agreement to be executed by the Village President and Village Clerk, NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. Applicable Law. This Agreement is made pursuant to the provisions of Section 11-15. 1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) and as the same may have been modified by the Village's Home Rule Powers. The preceding whereas clauses are hereby made a part of this Agreement. 2 2531928 2. Agreement: Compliance and Validity. The Owner has filed with the Village Clerk of the Village a Petition for Annexation (EXHIBIT A hereto) pursuant to and in accordance with provisions of Section 7-1-8 of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) , and as the same may have been modified by the Village's Home Rule Powers, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex Property to the Village. It is understood and agreed that this Agreement in its entirety, together with the Petition for Annexation, shall be null, void and of no force and effect unless Property is validly annexed to the Village, is validly zoned and classified in the I (Industrial) District, and the variations described in Exhibit F are granted, all as contemplated in this Agreement. 3. Enactment of Annexation Ordinance. The Corporate Authorities within twenty-one (21) days of the execution of this Agreement by the Village will enact a valid and binding ordinance (hereinafter referred to as the "Annexation Ordi- nance") annexing Property to the Village and take all other action reasonably necessary or appropriate to cause the Property to be duly and validly annexed to the Village. Said Annexation Ordinance shall be recorded with the Lake County Recorder's Office concurrently with the Plat of Annexation (attached hereto as EXHIBIT B) . Recordation shall take place no more than thirty (30) days after enactment of Annexation Ordinance. 4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a valid and binding ordinance, zoning the Property in the I (Industrial) District subject to the restrictions and variations further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time and take all other action reasonably necessary or appropriate to cause the 3 G 253 928 Property to be duly and validly zoned and classified in the I (Industrial) District in the Village and to grant the variations described in Exhibit F. Said zoning and the variations granted in connection therewith, shall be further conditioned on the development of the Property in accordance with a Preliminary Plan prepared by Erler and Associates and dated as last revised on 11/25/86, (EXHIBIT D) . 5. Approval of Plats. The Corporate Authorities hereby approve a Prelimi- nary Plan (EXHIBIT D) pursuant to the provisions of the Development Ordinance and in addition agree to approve a Final Plat or Plats of subdivision upon submission by the Developer of complete and proper materials required by ordinance for the issuance of appropriate building and other permits based on final versions of the plans and drawings of the development of Property as submitted by the Developer, provided that the plat or plats shall: (a) conform to the Preliminary Plan (EXHIBIT D) subject to the provisions of Paragraph 7; (b) conform to the terms of this Agreement and all applicable Village Ordinances as amended from time to time; and (c) conform to the Development Improvement Agreement (EXHIBIT C) as amended from time to time. The Village agrees that specific development plans submitted for an indi- vidual lot or lots will not require additional review by the Plan Commission or the Corporate Authorities. 6. Compliance with Applicable Ordinances. Except as otherwise provided in Paragraph 27 (Signs) and Paragraph 28A (Variations) , the Developer agrees to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the Property, but shall be equally applicable to all property similarly zoned and situated to the maximum extent possible. Except as 4 7 253�28 otherwise provided in Paragraph 28A (Variations) , Developer, in the development of the Property shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. Notwithstanding the provisions of this Paragraph, no zoning changes will be applied that would adversely effect the development of the Property pursuant to the Preliminary Plan. 7. Amendment of Plan. Except as otherwise provided in Paragraph 17B, 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 and may review the commitments of record contained in this Agreement, including, but not limited to fees, prior to final consideration of any change in the Preliminary Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided that no such changes involve a reduction of the area set aside for common open space. 8. Building Permit and Engineering 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 maximum 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 development from time to time. Developer shall pay any non-discriminatory new or additional fees hereinafter charged by F 5 the Village to Developer and the developer or owners of other property within the Village. 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 D are hereby approved by the Village, however, it is understood that changes to the Preliminary Plan may be required at the time of Final Engineering. The Developer further agrees to pay to the Village such normal, customary and standard fees in accordance with the applicable Village Ordinances at the time of the issuance of the water 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 maximum extent possible. Following such tap on, the Village agrees to provide, to the best of its ability and in a non-discriminatory manner, water service to all users on the Property in accordance with the Preliminary Plan. Watermains serving the Property and those approved as part of the development shall be installed by the Developer. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, all such watermains shall be dedicated to the Village and become a part of the Village water system maintained by the Village except for service connections to the buildings. All watermains shown on the Preliminary Plan (EXHIBIT D) shall be constructed within 24 months of the recording of the respective plat or plats of subdivision. 10. Storm and Sanitary Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Developer and to use their best efforts to aid Developer in obtaining such permits from govern- mental agencies having jurisdiction as may be necessary to authorize connection 9 6 2532928 from the proposed development to the Lake County Public Works Department for the collection of sewage and to the Lake County Highway Department as may be appro- priate. The Developer shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as per EXHIBIT D, however, it is understood that changes to the Preliminary Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems, except for sanitary sewer service connections to individual buildings. The Developer agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the maximum extent possible. B. The Developer shall also construct on the Property in question the storm sewers that are necessary to service the Property, as per EXHIBIT D, however, it is understood that changes to the Preliminary Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain that portion of the storm sewer system which serves public streets, or multiple properties, and the Developer agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not so dedicated and shall record, as a part of the protective covenants described in Paragraph 17, a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. 11. Drainage Provisions. The Developer or, in the event Developer is not the developer of a lot contained within the Property, any subsequent owner of such lot ("Lot Owner") shall fully comply with any request of the Village / Engineer related to the placement of buildings on lots, to preserve drainage standards. The Developer or Lot Owner, as the case may be, shall install any 7 ' 2�32928 storm sewers and/or inlets on individual lots that are required to eliminate standing water or conditions of excess sogginess that may, in the reasonable opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses; provided, however, that no such requirement may be imposed by the Village where the effect would be to contravene the Preliminary Plan designation of wet ponds or the requirements of the Army Corps of Engineers' permit issued in connection with the development of the Property. 12. Developer Recapture of Utility Costs. It is further understood and agreed that a portion of the sanitary sewer, storm sewer and/or watermain to be constructed and installed by the Developer to serve the proposed development on the Property (hereinafter referred to as "Developer's Improvements") may be required by the Village to be so located and/or oversized as to benefit vacant neighboring properties not owned by the Developer, thus making such utility service available thereto. The Corporate Authorities agree to adopt an ordinance to permit the Developer to recapture from such vacant neighboring property owners as may be benefitted by the Developer's Improvements, that portion of the actual costs of oversizing the construction and installation of Developer's Improve- ments, in such proportionate amounts from such neighboring property owners as may be so benefitted as determined by the Village. Said recapture ordinance shall only be enforceable for seven (7) years from its passage. The Village and Devel- oper agree to use their best efforts to cooperate to achieve the most practical and feasible route to the off-site utilities connection points. The Village agrees to cooperate with the Developer in effectuating recapture from future developers as appropriate. The Village shall be entitled to a five percent (5%) fee from any amounts hereby recaptured as and for its collection efforts. 8 2 jvfas 13. Payment of Recapture Fees Owed. Any amount of recapture required to be paid by this Property shall be due and payable concurrently with the submission of the first Final Plat of subdivision to the Corporate Authorities for approval. 14. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Develop- ment Ordinance and the Development Improvement Agreement (EXHIBIT C) as amended from time to time. Any letter of credit issued for such improvements shall be drawn on a financial institution of net worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property, provided that the letter of credit, either by its own terms or by separate written assurances of the issuer, shall be honored irrespective of that interest. The Village shall have the right to draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all im- provements secured by the letter of credit. 15. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Developer or the witnesses during the hearings 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 by the parties hereto. EXHIBIT A Petition for Annexation of Property EXHIBIT B Plat of Annexation EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan EXHIBIT E-1 Concept Landscaping and Wetland Plans thru E-4 EXHIBIT F Variations EXHIBIT G Arbor Creek Business Centre Signage Concept 16. Building, Landscaping and Aesthetics Plans. Developer will submit building and landscaping plans (which landscaping plans shall conform to the 9 2532928 requirements of Village Ordinances except as otherwise modified pursuant to Paragraph 28) for approval by the Appearance Commission and the Corporate Authorities before commencing construction of buildings. Lighting and signage shall be compatible with surrounding areas. Property not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 17. Declaration of Protective Covenants. A. Developer shall record against the Property, simultaneously with the recording of the first Final Plat of subdivision, a declaration of protective covenants, conditions and restrictions in a form approved by the Corporate Authorities, which shall include provisions granting the Village the right, but not the obligation, to enforce covenants or obligations of the owners or owners association as defined and provided within the declaration of protective covenants, and further granting the Village the right, upon thirty (30) days prior written notice specifying the nature of the default, to enter upon the Property and cure such default, or cause the same to be cured at the cost and expense of the association or the owner or owners thereof. The Village shall also have the right to charge or place a lien upon the property of the owner's association for the repayment of such costs and expenses, including reasonable attorneys' fees incurred in enforcing such obligations. The declaration shall include but not by way of limitation, the following covenants and obligations: to maintain detention ponds and drainage systems pursuant to Village ordinances and in a neat and orderly manner so as not to cause standing water, conditions of excess sogginess, erosion, odor or other items determined by the Village Engineer or Health Officer to be detrimental to the area. The declaration shall further provide that these provisions may not be amended without the approval of the Village. Notwithstanding the foregoing, the g g g g, provisions of the Protective /3 10 � 2532�8 Covenants and the Village ordinance enforcement shall not be inconsistent with the requirements of the Army Corps of Engineers' Permit. B. With regard to Parcel G on the Preliminary Plan, the Developer shall obtain an easement for purposes of constructing and maintaining any flood control, storm drainage, wetlands and bicycle path contemplated by the Preliminary Plan. Said easement shall run to the Village, The Owners of the Property, the association to be created under the Protective Covenants and the Owner of Parcel G. Said easement shall be subject to prior Village approval and shall be recorded simultaneously with the recording of the first Final Plat of subdivision. In such event, Developer or Developer's association shall also be responsible for maintaining Parcel G and the Village shall have the same rights under Paragraph 17A as to Parcel G, except that the lien rights shall run to the Property rather than to Parcel G. In the alternative, in the event Developer or Owner shall acquire Parcel G, the acquiring party (and the owner of such parcel, if such petition is made prior to the closing of the transaction) , shall petition the Village for annexation of said parcel upon the same terms and conditions as provided in this Agreement, whereupon the Corporate Authorities shall as soon as practicable, enact a valid and binding ordinance annexing Parcel G to the Village, shall enact a valid and binding ordinance zoning Parcel G in the I (Industrial) District and take all other actions reasonably necessary or appropriate to cause Parcel G to be duly and validly annexed to the Village and rezoned to the I (Industrial) District, including approval of a Plat of Subdivision and all applicable variations (Exhibit F) therefor. 18. Right of Way Dedication. The Developer acknowledges that it is the intention of the Village and other involved agencies that at some time in the future Aptakisic Road will be widened. At the request of the Village, but no 11 �.i 2532928 later than upon approval of the Final Plat of Subdivision, the Developer agrees to dedicate such additional right-of-way along Aptakisic Road as may be required to permit the widening of Aptakisic Road to 54 feet from the center line. 19. Annexation to the Buffalo Grove Park District. The Developer agrees, at the request of the Buffalo Grove Park District, to annex any part or all of the Property to said Park District. 20. Facilitation of Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property in the best interests of all the parties requires their continued cooperation. The Developer does hereby evidence his intention to fully comply with all non-discriminatory Village requirements, his willingness to discuss any matters of mutual interest that may arise, and his willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its willingness to discuss any matters of mutual interest that may arise, its intent to always cooperate in the prompt and mutually satisfactory resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 21. Enforceability of the Agreement. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein described. If any provision of this Agreement is held invalid, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the provisions contained herein. 22. Term of Agreement. This Agreement will be binding on all parties for a term of twenty20( ) years from the date of the execution of this Agreement by the 12 2532928 Village. This Agreement shall not be assigned without prior written consent of the Village. 23. Binding Effect of Agreement. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 24. 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. 25. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. If to Owner: Citizens Bank & Trust Company Trust No. 66-5139 1 South Northwest Highway Park Ridge, IL 60068 and LaSalle National Bank Trust No. 111260 135 S. LaSalle Street Chicago, IL 60690 Copy to:* Bertrand P. McAndrew Bertrand P. McAndrew & Company 143 Northwest Highway Park Ridge, IL 60068 and James J. Cowhey Land & Lakes Company P.O. Box 778 Park Ridge, IL 60068 and Bruce Klefstad Klefstad Companies, Inc. 4444 W. Montrose Chicago, IL 60647 If to Developer: Bruce Klefstad Klefstad Companies, Inc. 4444 W. Montrose Chicago, IL 60647 /L 13 Copy to:* Janet M. Johnson Schiff, Hardin & Waite 7200 Sears Tower Chicago, IL 60606 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to:* William G. Raysa Bloche' , French & Raysa 1140 Lake Street Suite 400 Oak Park, IL 60301 26. Default. A. In the event Developer defaults in the performance of its obliga- tions set forth in this Agreement, then the Village may, upon notice to Develop- er, allow Developer sixty (60) days to cure such default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Developer fails to cure such default or provide such evidence as provided above, then, with notice to Developer, the Village may begin proceedings to disconnect from the Village any portion of the Property upon which development has not been completed. In such event, this Agreement shall be considered to be the petition of the Owner to disconnect such portion of the Property. B. In addition to sub-paragraph A. hereof, it is recognized by the parties hereto that there are obligations and commitments set forth herein which are to be performed and provided for by the Developer not by the Owner. The Village agrees that the Owner as such is exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein and that the Village will look solely to the Developer for such performance, except *Copies of notices are for informational purposes only, may be given by regular mail and a failure to give or receive copies of notices shall not be deemed a failure to give or receive notice. 7 i 14 2532928 that to the extent that the Owner or successor thereto shall become a developer or shall designate or contract with a developer other than Klefstad Companies, Inc. then in that case, the Owner or the new designee shall be subject to the liabilities, commitments and obligations of this Agreement. In the event the Owner or Developer defaults in his obligations created under this Agreement, the Village may enforce such obligations against the Property. 27. Signs. The parties recognize the unique nature of the proposed development, and the need for the Developer and subsequent purchasers of the Property to design and install signage representative of the proposed develop- ment, the types of facilities located thereon and the community generally. Accordingly, the Village and Developer agree that the Village's Sign Ordinance and all subsequent amendments thereto shall not apply to the Property except as provided in EXHIBIT G referenced below. All signs must be reviewed and approved by the Village Manager in lieu of the Village's Sign Code and Appearance Commission review. The sign code shall be replaced by "The Arbor Creek Business Centre Signage Concept" (EXHIBIT G) . This procedure shall continue if satisfactory performance is observed by the Village. The determination of this shall be in the sole discretion of the Village. If satisfactory performance is not observed by the Village, the Village and Developer agree to develop and approve a mutually acceptable revised design standard for signage on the Property. Notwithstanding anything in this paragraph to the contrary, the Village agrees that the Developer shall be permitted to construct two (2) entry-way signs, one on Lot Y or Z as designated on the Preliminary Plan near Barclay Boulevard at Aptakisic Road and another on Lot X as designated on the Preliminary Plan near the intersection of Barclay and Corporate Grove Drive, subject to a location review by the Village's Engineering Department. 15 EXHIBIT G Q /� iJe", ARBOR CREEK BUSINESS CENTRE SIGNAGE CONCEPT There should be no predetermined rules regarding the size, shape or color of signage, however, it is the intention of this concept that the signage should be in aesthetic balance with the size of the site, its buildings, and the surrounding properties. Vehicular control signage should fulfill a need, command attention, convey a clear and unmistakable meaning, command respect of the road users and give adequate time for proper response. _ Particular attention should be given to the location of the signage at proper decision points to insure maximum effectiveness, to avoid confusing back- grounds, and to not obscure vehicular traffic. The following basic guidelines have been established to assure an orderly signage concept, yet allow considerable flexibility in providing some variety of signage and utilization of corporate logos and graphics. It is not intended that th• following guidelines be absolutely rigid or inflexible nor, on the other hand, should any proposed variance be considered lightly or be primarily for the benefit of one Parcel Owner at the expense of others or the entire Property. Signage within ARBOR CREEK BUSINESS CENTRE shall be generally exempt from the Village of Buffalo Grove's signage ordinances, except that the provisions of the Buffalo Grove Sign Code relative to permits (§14.12) and construction (S14.16) shall be applicable to all signage within ARBOR CREEK BUSINESS CENTRE. Declarant, in its sole discretion, may review every sign erected and subject such signage to approval in writing by the Developer and the Village Manager prior to installation. After the commencement of the construction, but not later than the construction of Improvements (which must include buildings) on 80% of the Parcels numbered 1 through 27 on the Plat of Subdivision contained in ARBOR CREEK BUSINESS CENTRE, the Developer or, if Developer or Declarant has transferred or assigned its rights hereunder to the Association, the Association shall submit to the Village a detailed sign program for ARBOR CREEK BUSINESS CENTRE. Limits and standards of this sign program shall * Attached to and made a part of the Declaration of Protective Covenants for Arbor Creek Business Centre, Buffalo Grove, Illinois. All capitalized terms not otherwise defined in this Exhibit G shall have the meanings provided in the Protective Covenants. G-1 U � be established by the amount, size and location of signage existing in ARBOR CREEK BUSINESS CENTRE. This sign program shall be reviewed by the Village and used in the regulation of signage in ARBOR CREEK BUSINESS CENTRE for the balance of the construction, including all re- signage for the subdivision. It is hereby understood that, notwithstanding the following guidelines, every sign must be approved by the Village Manager in writing pursuant to the Buffalo Grove Sign Code as set forth above. A. Guidelines For Corporate Identification Siznaze. (Excluding Multi-Tenant Buildings) 1. One free standing ground sign shall be allowed per building. 2. Signs may be illuminated (internally or by direct ground mounted illumination) or non-illuminated. 3. The size, shape and color of the sign shall be in aesthetic balance with the size of the sign, the street frontage of the Parcel to which it relates, the size and nature of the building and other improvements, and the surrounding properties. 4. The height of the sign should be predetermined so that the center line of the main panel is always at the optimum viewing height for a person seated in an automobile. In no event shall the height of a free standing sign exceed ten feet measured from curb elevation. 5. No sign shall be located in street right-of-way, but may be located in any front or side yard area that does not obstruct the sight lines at a street or driveway intersection, as deter- mined by the Village Engineer using Traffic Engineering Standards. No sign shall be located in a manner that will block or detract from signs located on adjacent property. 6. The base of the sign must be landscaped. 7. The corporate name, type of business, street address, logo, or corporate graphics may appear on the sign. No sign or Industrial cut-out letters shall be placed on or affixed to the exterior of the building. 8. Flashing, animated, moving, inappropriately colored, roof, canopy or marquee signs are prohibited. 9. No signs shall be located outside the boundaries of any Parcel. G-2 10. All signs shall comply with the construction standards established from time to time by the Village of Buffalo Grove. 11. All signs shall be maintained in a safe and presentable condition at all times, including replacement of defective parts, painting, repainting, cleaning and any other necessary maintenance acts. B. Guidelines For Informational/Directional Signs. - 1. Messages or symbols to inform, direct or control shall appear on Informational/directional signs. Advertising shall be pro- hibited. 2. Informational/directonal signs shall not be limited as to number, but shall be allowed as required for sensible control of traffic to, from and around the Parcel. All signage with respect to each Parcel should be uniform as to material, color and shape. 3. Free standing ground signs only permitted. Usually these signs are small in size and low to the ground. 4. Signs may be illuminated (internally or by direct ground mounted illumination) on non-illuminated. 5. All letteringshould be Helvetica Medium upper pper case or lower case. 6. Colors should be harmonious with surroundings. 7. No sign shall be located in a street right-of-way, but may be located anywhere within property line, so long as it does not obstruct the sight lines at a street or driveway intersection, as determined by the Village Engineer using Traffic Engineering Standards. 8. Flashing, animated, moving, inappropriately colored, roof, canopy or marquee signs are prohibited. 9. No signs shall be located outside the boundaries of any Parcel. 10. All signs shall comply with the construction standards established from time to time by the Village. 11. All signs shall be maintained in a safe and presentable condition at all times, including replacement of defective parts, painting, repainting, cleaning and any other necessary maintenance acts. G-3 C. Guidelines For Sinage For Multi-tenant Buildings. 1. It is acknowledged that multi-tenant buildings present some unique challenges to effective sign control while still allowing aesthetic variety and reasonable identity for a corporate tenant. 2. Multi-tenant buildings occupied by two or more tenants shall meet the same standards for corporate identification signage and informational/directional signage as outlined in paragraphs A and B above, with the following exceptions: a) An owner of a multi-tenant building may establish, subject to the approval of the Developer and the Village Manager, a Uniform Signage Package for the proposed project which is compatible and harmonious with the architectural scheme of the development, and also be in general compliance with the intent of ARBOR CREEK BUSINESS CENTRE Signage Guidelines, but also allows some minor variances to meet the unique needs of a multi-tenant facility. b) All signage in a multi-tenant property should be uni- form as to color of sign frame system, if any, shape, size and placement. The main panel of the corporate identity sign may be of uniform color and have stand- ardized lettering, or may allow for individualized colors and corporate logos and graphics. c) A simple, single line with uniform lettering not to exceed 5 inches in height may be affixed or placed on the exterior of a loading dock door or service area designating the name of the individual tenant being serviced. D. Temporary Signs. 1. All construction signs, signs for sale, lease and development, and subdivision signs shall be submitted to the Developer and the Village Manager for prior written approval before instal- lation. Construction signage shall be removed immediately following building completion. Lease and development signs shall be removed once all buildings have been constructed and are 90% initially occupied as determined by square footage. Extensions may be granted by the Village Manager. G-4 . Y � 4' 1 E. Entrance Monument. 1. ARBOR CREEK BUSINESS CENTRE shall be permitted to construct entryway signs to be located in parcels "X," "Y," and "Z" as designated on the Plat of Subdivision. The design for such signs shall be approved by the Village. Reference to the Village of Buffalo Grove shall be denoted on the sign face. G-5 2�3292$ 28. Special Conditions. �.• A. Variations to Village Ordinances as described in EXHIBIT F are hereby granted. B. There shall be a 35 foot building setback line provided along all public streets. C. Any loading dock doors facing onto Barclay Boulevard shall be set back at least 100 feet from the Property line. Area for vehicle maneuvering to access said loading docks shall be provided on-site. D. A 16" D.I.W.M. shall be constructed along the Aptakisic Road frontage. E. If after completion and formal acceptance by the Corporate Authorities of the public improvements, Owner identifies and the Village approves ` a not for profit organization or entity (including the Village) to assume �— responsibility pursuant to a lease or other agreement approved by the Corporate Authorities for maintaining the wetland area (parcels A, B-1, B-2, D, E, F, G and W) in accordance with the Protective Covenants and Army Corps permit, Owner shall convey title to said wetland area to the Village and the Village shall accept such conveyance. F. All construction traffic shall enter and exit the Property from Aptakisic Road. G. No access shall be allowed to Aptakisic Road from Lots 1 and 4 and ' the first Plat of Subdivision shall so indicate. 29 Trustee Exculpation. This Agreement is executed by Citizens Bank and Trust Company, as Trustee under a Trust Agreement dated March 2, 1984 and known as Trust Number 66-5139, and by LaSalle National Bank, as Trustee under a Trust Agreement dated June 27, 1986 and known as Trust Number 111260, not personally, but in the exercise of the power and authority conferred and vested in said banks as such trustees (and said banks hereby warrant that they possess full power and Iy . 2�3�928 authority to execute this Agreement) , and is expressly understood and agreed that nothing contained in this Agreement shall be construed as creating any liability on said banks, in each of their respective capacities as Trustee, personally to comply with the terms of this Agreement, except for a failure to act when or as directed (it being understood and agreed that each of the provisions of this Agreement, except the warranties contained in this exculpation clause, shall constitute a condition and not a covenant or agreement, regardless of whether the same may be couched in language of covenant or agreement) , all such liability, if any, being expressly waived by the Village, by Developer and by every person now or hereafter claiming any right under this Agreement. It is hereby agreed among the Village and Developer and by Owner and their respective beneficiaries that each of said banks shall be permitted to attach the form of exculpation customarily used by them to all documents, agreements, instruments, or other writings executed by either of them. IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer have caused this instrument to be executed by the respective officials or officers duly authorized to execute the same on the day and the year first above written. VILLAGE OF BUFFALO GROVE VERNA L. CLAYTON, Village Pre 'dent ATTEST: 4 Villags-JClekk r s� V 17 2532928 CITIZENS BANK & TRUST COMPANY, as Trustee under a Trust Agreement dated March 2, 1984 and known as Trust No. 66-1539 ATTEST: +'y LaSALLE NATIONAL BANK, as Trustee under 7 a Trust Ag ment ed June 27, 1986 and known as Tr o. 111260 ATT'-k31: ✓. ?��+��✓ , �.; KLEFSTAD COMPANIES, INC. Bruce Klefstad, President SECREW RY Ll a � 18 KLEFSTAD PROPERTY 2v2p,2g (Arbor Creek Business Centre) JJ�G A tract of land in Section 27, Township 43 North, Range 11 East of the Third Principal Meridian, Lake County, Illinois, bounded and described as follows: Beginning at the Southwest corner of Lot 1 in Tripp's Subdivision of part of Section 26 and 27 in said Township 43 North, Range 11 East of the Third Principal Meridian; thence North 7°46'34" East along the West line of said Lot 1 a distance of 469.61 feet to an intersection with the South line of the North 112 of said Section 27; thence North 89034'50" West along the South line of the North 112 of said Section 27 a distance of 1408.81 feet; thence North 7°46'34" East along a line parallel with the West line of said Lot 1 a distance of 2566.10 feet to a point in the Northerly line Long Grove-Aptakisic Road (State Aid Route 33) as per Document No. 598700 recorded August 24, 1946; thence South 80034'00" East along said Northerly line of Long Grove- Aptakisic Road a distance of 650.0 feet (Record) to the West line of Lincolnshire Corporate Center as per Document No. 2102385; thence South 7031 '38" West along the West line of said Lincolnshire Corporate Center a distance of 40.015 feet to the center line of said Long Grove-Aptakisic Road; thence South 80034'00" East along the center line of said Long Grove-Aptakisic Road a distance of 130.0 feet to the East line of said Lincolnshire Corporate Center; thence North 7°31 '38" East along the East line of said Lincolnshire Corporate Center a distance of 40.015 feet to the Northerly line of said Long Grove-Aptakisic Road; thence South 80034'00" East along the Northerly line of said Long Grove- Aptakisic Road a distance of 617.80 feet to an intersection with the Northerly extension of the West line of said Lot 1; thence South 7046134" West along said Northerly extension of the West line of Lot 1 a distance of 1347.96 feet to the Northwest corner of said Lot 1; thence South 89030139" East along the North line of said Lot 1 a distance of 615.28 feet; thence South 15*19135" East a distance of 540.65 feet; thence South 18°28'43" East a distance of 399.83 feet; thence South 16056'08" East a distance of 359.78 feet; thence South 12009'08" East a distance of 150.00 feet; thence South 1043131" East a distance of 144.67 feet to a point on the South line of said Lot 1; thence North 85053'43" West along the South line of said Lot 1 a distance of 1227.46 feet to the point of beginning. 532928 EXHIBIT A a � EXHIBIT F ARBOR CREEK BUSINESS CENTRE Village Ordinance Variations Zoning Ordinances: Variations from the first three zoning ordinances described below are granted for Lots 1, 9 and 13* in Arbor Creek Business Centre by reason of the unique nature of the uses of the property surrounding the' proposed Arbor Creek Business Centre. The majority of the property on the northeastern and southwestern borders of Arbor Creek Business Centre is currently being used for long-standing commercial purposes, although it is zoned for residential purposes (SE - Suburban Estate or SR - Suburban Residential) under unincorporated Lake County's zoning ordinance. Circumstances indicate that the commercial use located to the east of Lot 1, a sand, gravel and rock quarry, will remain during the near future. In addition, the property to the west of Lots 9 and 13 is presently the subject of a request for annexation and rezoning to the Village's Industrial District (Corporate Grove West). Furthermore, the Village's comprehensive plan contemplates future annexation of Arbor Creek Business Centre and all surrounding properties and rezoning them to the Village's I (Industrial) District zoning classification. Accordingly, a strict application of the three zoning ordinances de- scribed below would result in undue hardship for the owners of Lots 1, 9 and 13. The three variations are not granted for the limited area (described below) on the eastern border of Lot 1 where a residence currently exists, nor are they required or granted for the balance of the Lots located to the east of Barclay Boulevard, as the easternmost boundaries of individual lot lines will be located more than 100 feet from the SE zoned areas by reason of the intervening detention areas. 1. Requirement: Section 17.48.020.F.5.c. requires 30 feet be- tween a lot line and any parking facility located in a yard adjoining a residential district. Variation: Waiver of the requirement with respect to those boundaries of Lots 1 (eastern boundary), 9 (western boundary) and 13 (western boundary) adjacent to the SE and SR zoned Lake County district other than that portion of Lot 1 adjacent to tax PIN 15-27-200-019 (approximately north 350 feet of the eastern boundary). * All Lot designations refer to the Preliminary Plan (Exhibit D). F-1 ( Rationale: As described above, normal I (Industrial) District 4 requirements should be applicable to Lots 1, 9 and 13, as the adjacent property, although zoned residential under Lake County's ordinances, is not currently being used for residential purposes and is not expected to be used for residential purposes. 2. Requirement: Section 17.48.020.F.6.a. requires a 60 foot build- ing setback for lots abutting a residential district. Variation: Reduction to normal I (Industrial) District requirement of 15 feet with respect to the boundaries of Lots 1, 9 and 13 adjacent to a residentially zoned district, other than that por- tion of Lot 1 adjacent to PIN: 15-27-200-019 (approximately north 350 feet of the eastern boundary). Rationale: As described above, the property adjacent to Lots 1, 9 and 13 is not currently being used for residential purposes and is not expected to be so used in the future. 3. Requirement: Section 17.48.020.F.6.b. requires a solid wall, fence or hedge not less than six feet in height to be located immediately adjacent to a residential district. Variation: Waiver of requirement with respect to the south 160 feet of the eastern boundary of Lot i and the western boundaries of Lots 9 and 13. No waiver is requested for that portion of Lot 1 adjacent to PIN: 15-27-200-019 (approximately north 350 feet of the eastern boundary). Rationale: As described above, the property adjacent to Lots 1, 9 and 13 is not currently being used for residential purposes and is not expected to be so used in the future. 4. Requirement: Section 17.48.020.E. requires a minimum frontage of 100 feet for all lots located within an I (Industrial) zoned district. Variation: Reduction of requirement to not less than 50 feet for Lots 1, 4, 5, 6 and 7, provided an out-lot �, F-2 detention basin with frontage of at least 50 feet is positioned between any two of such lots. Rationale: Detention basins will be required to adequately manage storm water drainage and detention for all lots in the Property, including Lots-1, 4, 5, 6 and 7. For topographical reasons unique to the Arbor Creek Business Centre, wet ponds H, J and K have been created to retain storm water. The size of wet ponds is dictated by the surface area to be drained and the topography of the site drainage. These wet ponds have been designated as separate lots to be owned by the association rather than detention basins contained within the private lots, as they are more likely to be well maintained by the association than by individual lot owners and should be viewed as an aesthetic amenity for Arbor Creek Business Centre as a whole. Because of the size required and the need to locate ponds H, J and K along the length of Barclay Boulevard, Lots 1, 4, 5, 6 and 7 have been designed with less than 100 feet of frontage on Barclay Boulevard, although none has less than 50 feet of street frontage. Despite the narrow frontage for Lots 1, 4, 5, 6 and 7, the lots themselves range in size from approximately 2.97 acres to 6.79 acres and, by reason of the fact that out-lots H, J and K will be attractively landscaped, the buildable lots will appear to have frontages far in excess of the 100 feet required by the ordinance. A reconfiguration of out-lots H, J and K would only be reasonably possible if separated into smaller, more scattered detention basins, but which would be likely to encompass more surface area, thereby having the effect of greatly reducing the useable area of Lots 1, 4, 5, 6 and 7. As designed, the wet ponds H, J and K will become a visually attractive foreground to the buildings that will eventually be built on Lots 1, 4, 5, 6 and 7, some of which may be located immediately behind the wet ponds, thereby enhancing the illusion that the ponds are a part of the building lots themselves. Development Ordinance: 5. Requirement: 16.50.030.D.17.b requires (i) all open channels within 150 feet of the development to be F-3 improved with maximum slopes of 6 to 1 horizontal to vertical, (ii) an 8 foot wide bituminous concrete pathway suitable for use by maintenance vehicles to be located within an easement running along an open channel and (iii) underdrains along the flowline of all open channels. Variation: Waiver of these requirements, except that a 15 foot easement for the maintenance vehicle pathway shall be granted, which easement will be used for both maintenance vehicles and the bike path easement described at paragraph 10 below. Rationale: Arbor Creek Business Centre has the unique characteristic of having natural wetlands dis- persed along the creek that are located within Lots A, B, D, E, F, G and W. The slopes on the only open channels in the development (located in Lot W) have been engineered by the developer's engineer and wetland's consultant to satisfy IDOT and U.S. Army Corps of Engineers requirements with respect to storm water capa- city, water flow and wetlands vegetation and 1... habitat preservation and meet the Village's staff approval. Similarly, underdrains are incom- patible (as discusssed in paragraph 6 below) with the wetlands preservation requirements imposed by the U. S. Army Corps of Engineers with respect to Lots G and W. A separate main- tenance pathway would unnecessarily duplicate the bike path easement contemplated in para- graph 10 below. 6. Requirement: Section 16.50.040.C.3. requires detention facili- ties to be designed so that the cross slope is at least two percent and the bottom of the facility is provided with an underdrain. Variation: No cross slope minimums and no underdrains to be required for detention basins A, B, D, E and F and wetlands areas G and W and cross slope minimum of at least one percent with no under- drains for detention basins C, H, J and K. Rationale: Detention basins A, B, D, E and F and wetlands's areas G and W will be constructed, in accordance F-4 with U.S. Army Corps of Engineer permit re- quirements, in a manner designed to retain and relocate naturally vegetated wetlands. In order to be compatible with wetlands vegetation and habitats, the bottoms of these ponds must be • level and must not contain underdrains. Other- wise, the last 5-6 inches of water will not evaporate naturally, but will be drained away. In order to maintain detention basins C, H, J and K as permanent wet ponds, they cannot be provided with underdrains nor is it required or feasible to ' provide a two percent cross slope as the purpose of the slope is to permit drainage. These per- manent wet ponds will be landscaped and will be maintained by a private association as an amenity to the Arbor Creek Business Centre. 7. Requirement: Section 16.50.040.C.4. requires (i) all 2:1 sloped areas of any permanent ponds to be covered with a layer of natural stones having a minimum diameter of 18 inches, (ii) the minimum pond bottom elevation to be 15 feet below normal water level, and (iii) aeration equipment. Variation: (i) Approval to use enkamat on the 2:1 sloped ( areas and no materials other than approved wet- lands vegetation for the wet ponds A and F located in the wetlands areas. i Rationale: (i) The ordinance is intended to prevent the use of rocks large enough for children to pick up and to prevent them from being dislodged by weather conditions. The requested material is very dif- ficult to obtain and unnecessarily expensive and the proposed material serves the intended purposes. With respect to the permanent ponds to be located in Lots A and F, wetlands restora- tion and preservation plans approved by the U. S. Army Corps of Engineers do not permit the use of stones. Variation: (ii) Minimum pond bottom elevations eight feet below normal water level with respect to wet ponds C, H, J and K. Rationale: (ii) The extra capacity to be provided by 15 foot deep ponds are not required for Arbor Creek Business Centre, as larger, but shallower ponds F-5 have been designed to enhance the aesthetic appearance of the development. Furthermore, additional water storage capacity is provided throughout the lots comprising the wetlands area (A, B, D, E, F, G and W) which comprise approxi- mately 25 acres of the total of approximately 111.235 acres contained in Arbor Creek Business Centre. Variation: (iii) No aeration equipment. Rationale: (iii) Such equipment not be required as Lots C, H, J and K will be owned by an owner's associa- tion and will be privately maintained through the association. Aeration equipment for ponds A and F would also be inconsistent with the wetlands restoration and preservation plans approved by the U.S. Army Corps of Engineers. 8. Requirement: Section 16.50.070.D.2: requires pavement widths for streets within industrial zoned developments to be 47 feet measured from the back of a curb to the back of the other curb and requires a minimum right-of-way width of 80 feet. Variation: Street pavement widths from the back of the curb to the back of the other curb of 39 feet for both Barclay Boulevard and Asbury Street and a 60 foot right-of-way for Asbury Street. No variation is granted with respect to the dedicated right of way for Barclay Boulevard. Rationale: As no on-street parking will be permitted on either street, according to the Village staff, the additional pavement width will not be required and the increased green area between the pave- ment and the edge of the right-of-way will enhance the park-like atmosphere of the development as a whole. Barclay Boulevard to the south of Arbor Creek Business Centre has been constructed using the same standards granted here. 9. Requirement: Section 16.50.080.A.1. requires construction of concrete sidewalks along both sides of all public streets. F-6 U ! � Variation: Sidewalks to be built only on one side of Barclay Boulevard and Asbury Street. Such sidewalks will be constructed by each private lot owner as improvements are constructed on each lot, but in all events such sidewalks shall be constructed no later than a date which is 5 years from the date of annexation of the Property. Funds or other security for the construction of sidewalks on the south side of Aptakisic Road will be posted and construction will occur only after the final work, relating to the widening and improving of Aptakisic Road has been completed. Rationale: The variations will require construction only in connection with actual improvements, thereby preventing the unnecessary and possibly duplica- tive expense involved in constructing sidewalks that may be damaged during road improvement work or building construction. However, an outside time limit on when the sidewalks are to be completed will assure that there is a con- tinuous sidewalk through the Property at some certain date. When completed, sidewalks located on one side of the street should adequately accomodate any expected pedestrian traffic. 10. Requirement: Section 16.50.090 requires construction of a bike path. Variation: Developer will provide an easement and all necessary grading and berming for a bike path adjacent to Lot W, but the requirement to pave the bike path will be waived until and unless Developer sells lots comprising at least 66% of the total number of square feet contained in Lots 1 through 27 (as depicted on the final Plat of Subdivision within 3 calendar years after the date of recording of the Plat of Subdivision. Rationale: Paving of a bike path through Arbor Creek Business Centre at a time when it will not be a part of an overall bike path system would appear to create an unnecessary expense, as the bike path would neither begin nor end near any resi- dential subdivision or any other similar area likely to generate bicyclists, by reason of the fact that complete variations, except for the F-7 r �}�n'a.�.4 P` •�1I IV vcs_a_�_ requirement of granting an easement, have been granted to the developer of Corporate Grove and Corporate Grove West. Moreover, the developer will, if the conditions stated above, are met, pave the bike path. If the conditions stated above are not met, then at such time as it becomes feasible for the Village to pave a bicycle path through Arbor Creek Business Centre and other adjoining developments, the easement to be provided by the developer will be available for use by the Village and all of.the necessary grading and berming will be in place. 11. Requirement: Section 16.50.120.I.1.e. requires trees planted within the development be separated by not less than 40 feet. Variation: Planting of trees and other landscape materials in groupings similar to concept landscape plans submitted (Exhibits E-1 to E-4). Rationale: The ordinance is intended to provide tree-lined streets for residential areas. This purpose would not appear well served if applied to a corpo- rate/industrial park in the nature of Arbor Creek Business Centre, where more natural grouped plantings will enhance the park-like atmosphere of the development. 12. Requirement: Section 16.50.120.D.1. requires sodding of all dedicated street areas, public areas and swails draining more than two lots. J Variation: Some seeding or other transplanted plant materials to be allowed rather than sodding. Rationale: In order to meet the U.S. Army Corps of Engineers' permit requirement that certain types of wetlands be maintained, the variance is needed to allow seeding of detention basins A, B, D, E, F, G and W with natural wetlands vegeta- tion other than grass or transplanting of materials already located within the wetlands areas so that the land may return or continue to exist in its natural state. Wetlands vegetation is well suited to controlling erosion, which is one purpose of the requirement under the Village Ordinance. In addition, maintaining and pre- F-8 r serving areas of natural wetlands in an ever �✓ developing Chicago metropolitan area should be viewed as an amenity to the development as a whole and to the Village. a Flood Plain Ordinance: 13. Requirement: Section 18.040.020 permits development in a flood plain area only by permit. Variation: A permit to be granted to permit development' within the Zone C flood plain or floodway. Rationale: The engineering plans for Arbor Creek Business Centre have been developed with the intent to confine anticipated storm waters within rede- fined flood plain boundaries. These plans have been approved by IDOT and the U.S. Army Corps of Engineers and have also been discussed with k the Federal Emergency Management Agency ("FEMA"). The variation is only required during during the limited time period required to await action by FEMA on a planned application for a letter of map revision permanently removing certain portions of the development from the FEMA designated Zone C flood plain or floodway. The letter of map revision will, if ultimately granted, render the variance unneces- sary. However, until such time as it is granted by FEMA (a process that can take as long as one year), the variance is required. Summary: _ The variations requested with respect to Arbor Creek Business Centre can be grouped into three major categories: 1. Those required by reason of the unique Lake County zoning applicable to the property to the east and west, which is largely inconsistent with the actual uses and the Village's comprehensive plan designations (e.g., variation requests 1, 2 and 3); 2. Those required to satisfy the Army Corps of Engineers wetlands permit and the Illinois Department of Transportation floodway permit requirements (e.g., variation requests 5, 6, 7 12 and 13); and F-9 �1 ( 3. Those consistent with similar existing or proposed developments (e.g., variation requests 7(i), 7(iii), 8, 9, 10 and 11). The only remaining variation (request 4, relating to minimum frontage for lots) is unique to the design of Arbor Creek Business Centre and, if not granted, would require either separation of detention ponds H, J and H into smaller, less efficient and less visually attractive dry bot- tom detention areas or the creation of lots larger than the planned 2.97 to 6.79 (approximate) acre size lots, thereby rendering the lots largely unsalable. The visual impact of the development, based on the limited nature of the variation, will not be any less attractive than if ' the required 100 foot lot widths were utilized. a F-10 } .:'�Cf CiftL liaC'3