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2004-055 6/17/04 ORDINANCE NO. 2004 - 55 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR Buffalo Grove Bank & Trust Southwest corner of Buffalo Grove Road/Old Checker Road 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 described 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 notice of the public hearing concerning said Annexation Agreement and zoning have been given and the public hearing was held; and, WHEREAS, it is determined to be in the best interest 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. Sectionmm2m. 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. 6/21/2004 ANNEXATION AGREEMENT Buffalo Grove Bank & Trust Southwest corner of Buffalo Grove Road/Old Checker Road This agreement(hereinafter referred to as the"Agreement")made and entered into this 21 st day of June,2004,by and between the VILLAGE OF BUFFALO GROVE(hereinafter referred to as "Village")by and through the President and Board of Trustees of the Village(hereinafter collectively referred to as the"Corporate Authorities")and Northbrook Bank&Trust Co.,an Illinois State Bank, (hereinafter referred to as "Owner"). WITNESSETH: 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 Parcels 2 and 3 comprising 0.65 acres legally described and identified in the Legal Description, attached hereto as Exhibit A and made a part hereof, and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, Owner is the owner of Parcel 1, comprising 0.38 acres legally described and identified in the Legal Description,attached hereto as Exhibit A and made a part hereof, and which real estate is within the Village and zoned in the R4-A District; and, WHEREAS, a Plat of Annexation is attached hereto as Exhibit B,which depicts a total area of 0.65 acres to be annexed; and, WHEREAS, Parcels 1, 2 and 3 are herein collectively referred to as the "Property;" and, WHEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable to the B-1 Limited Retail Business District of the Village Zoning Ordinance to develop 2 the Property in accordance with and pursuant to a certain Preliminary Plan prepared by Geudtner& Melichar and dated as last revised May 5, 2004, and also a certain Preliminary Engineering Plan prepared by Seton Engineering and dated as last revised May 27,2004,(hereinafter jointly referred to as "Preliminary Plan") a copy of which Preliminary Plan is attached hereto as Exhibits D and E and incorporated herein,and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of the Property shall consist of a two-story bank with a gross building area of 9,617 square feet and drive-through service lanes and related site improvements. WHEREAS, pursuant to the provisions of Section 5111-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5111-15.1-1 et seq.) 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 B-1 District and variations of the Village Development Ordinance and Zoning Ordinance; and, WHEREAS,the President and Board of Trustees after due and careful consideration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village. 3 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 and in accordance with the provisions with the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et seq.) 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. Agreement: Compliance and Validity. The Owner has filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with the provisions of Section 5/7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8) 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 Parcels 2 and 3 of the Property to the Village. It is understood and agreed that this Agreement in its entirety,together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless the Property is validly annexed to the Village and is validly zoned and classified in the 13-1 District,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 an ordinance (hereinafter referred to as the "Annexation Ordinance") annexing the Parcels 2 and 3 of the Property to the Village. Said Annexation Ordinance shall be recorded at the Lake County Recorder's Office along with the Plat of Annexation (attached hereto as Exhibit B). 4 4. Enactment of Zonin Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance,the Corporate Authorities shall enact an ordinance zoning the Property in the B-1 District subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned on the development of the Property in accordance with the Preliminary Plan(Exhibits D and E)and other exhibits attached hereto or incorporated by reference herein. 5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (Exhibits D and E) pursuant to the provisions of the Development Ordinance. The Corporate Authorities agree to approve a Development Plan (including plats of subdivision) based on final versions of the plans and drawings of the development of the Property as submitted by the Owner provided that the Development Plan shall: a) conform to the approved Preliminary Plan; and b) conform to the terms of this Agreement and all applicable Village Ordinances as amended from time to time; and c) conform to the approved Development Improvement Agreement as amended from time to time. Phasing of the development of the Property, if any, shall be in accordance with applicable Village ordinances, and shall conform to the phases of the development as shown on the approved Preliminary Plan. 6. Compliance with Applicable Ordinances. The Owner agrees to comply with all ordinances of the Village 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 5 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 extent possible. Owner,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 foregoing,the Village shall not apply new ordinances or regulations to the Property to the extent that the ordinances or regulations would prevent development of the Preliminary Plan approved herein. 7. Amendment of Plan. If the Owner desires to make changes to to the Preliminary Plan, as herein approved, the parties agree that such changes to 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 the Preliminary Plan. The Corporate Authorities may, in 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 to the Preliminary Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided that no such changes: a) increases the floor area proposed for nonresidential use by more than two percent (2%) b) increases the total ground area covered by buildings by more than two percent (2%) 8. Building Permit Fees. The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the Village to the 6 extent possible. In the event a conflict arises between the Owner and the Village on any engineering and technical matters subject to this Agreement,the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Owner shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to owners and developers of properties within the Village. 9. Water Provision. The Owner 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 E are hereby approved by the Village. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. The Owner further agrees to pay to the Village such fees in accordance with the applicable Village ordinances,including Title 13 of the Municipal Code, at the time of the issuance of the water and sewer permits. The Owner agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on,the Village agrees to provide to the best of its ability and in a non-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 Owner 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 a part of the Village water system maintained by the Village. 10. Storm and Sanitary Sewer Provisions. a) The Corporate Authorities agree to cooperate with the Owner and to use their best efforts to aid Owner in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Department of Public Works for the collection of sewage and to the Lake County Division of Transportation as may be appropriate. The Owner shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, in accordance with Exhibit E. It is understood, however, that changes to the Preliminary Engineering 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. The Owner 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 extent possible. b) The Owner shall also construct any storm sewers which may be necessary to service necessary to service the Property,in accordance with Exhibit E. It is understood,however, that changes to the Preliminary Engineering 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 multiple properties.The Owner agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated. 11. Drainage Provisions. The Owner shall fully comply with any request of the Village Engineer related to the placement of buildings on lots,to preserve drainage standards. The Owner shall install any storm sewers and/or inlets which are required to eliminate standing water or 8 conditions of excess sogginess which may,in the opinion of the Village Engineer,be detrimental to the growth and maintenance of lawn grasses. 12. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Development 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 improvements secured by the letter of credit. 13. Right of Way Dedication. At the request of the Village, but no later than upon approval of the first plat of subdivision of any portion of the Property,Owner shall dedicate right-of- way along Buffalo Grove Road and Old Checker Road as required by the Lake County Division of Transportation and as depicted on Exhibits D and E. 14. Exhibits. The following exhibits, some of which were presented in testimony given by the Owner 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. EXHIBIT A Legal Description EXHIBIT B Plat of Annexation dated June 21, 2004. 9 EXHIBIT C Development Improvement Agreement (form) EXHIBIT D Preliminary Plan("Proposed Site Plan")dated as last revised May 5, 2004 by Geudtner& Melichar EXHIBIT E Preliminary Engineering Plan (Sheets C2, C3 and C4) dated as last revised May 27, 2004 by Seton Engineering EXHIBIT F Tree Preservation Plan(Sheet L1)dated as last revised May 21,2004 by Panoramic Landscapes, Inc. EXHIBIT G Landscape Plan(Sheet L2) dated as May 21, 2004 by Panoramic Landscapes, Inc. EXHIBIT H Exterior lighting plan dated as last revised April 27,2004 by Cooper Lighting EXHIBIT I Project Booklet dated June 7, 2004 including building rendering, building elevations,building floor plans,elevation and appearance of wall and lighting fixture details EXHIBIT J Traffic and Parking Study dated February 6, 2004 by Kenig, Lindgren, O'Hara, Aboona, Inc. 15. Building, Landscaping and Aesthetics Plans. Owner shall submit final plans concerning building appearance and landscaping at the time of application for the first building permit for the Property.Lighting and signage shall be compatible with surrounding areas as approved by the Village. Exhibit H, exterior lighting plan, shall be submitted in final form for review and approval by the Village as part of the final development plan required for the final plat of subdivision. Phases not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 16. 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 10 agreed that the successful consummation of this Agreement and the development of the Property is in the best interests of all the parties and requires their continued cooperation. The Owner does hereby evidence its intention to fully comply with all Village requirements,its willingness to discuss any matters of mutual interest that may arise, and its willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 17. 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 provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 18. Term of Agreement. This Agreement is binding upon the Property,the parties hereto and their respective grantees,successors and assigns for a term of twenty(20)years from the date of this Agreement. This Agreement shall not be assigned without prior written consent of the Village. This Agreement may be amended by the Village and the owner of record of a portion of the Property as to the provisions applying thereto,without the consent of the owners of other portions of the Property. 19. 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 11 individual capacities. 20. 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: Richard C. Rushkewicz Northbrook Bank & Trust 1100 Waukegan Road Northbrook, IL 60062 Copy to: Amy Callahan Kurson, Esq. Greenberg Traurig, P.C. 77 West Wacker Drive, Suite 2500 Chicago, IL 60601 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa& Zimmermann, Ltd. 22 S. Washington Ave Park Ridge, IL 60068 21. Default. In the event Owner defaults in performance of its obligations set forth in this Agreement,then the Village may,upon notice to Owner,allow Owner sixty(60)days to cure 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 Owner fails to cure such default or provide such evidence as provided above,then,with notice to Owner,the Village may begin proceedings to disconnect from the Village any portion of the Property upon which obligations or development have not been 12 completed or at the option of the Village,to rezone such Property to the Residential Estate District. In such event,this Agreement shall be considered to be the petition of the Owner to disconnect such portion of the Property, or at the option of the Village, to rezone such Property to the Residential Estate District 22. Litigation. a) The Owner,at its cost,shall be responsible for any litigation which may arise relating to the annexation,zoning and development of the Property. Owner shall cooperate with the Village in said litigation but Owner counsel will have principal responsibility for such litigation. b) The Owner shall reimburse the Village for reasonable attorneys' fees, expenses and costs incurred by the Village resulting from litigation relating to the annexation,zoning and development of the Property or in the enforcement of any of the terms of this Annexation Agreement upon a default by the Owner. c) Owner hereby indemnifies and holds the Village harmless from any actions or causes of action which may arise as a result of development activities for which the Owner is responsible. 23. Special Conditions. a) Variations—The following variations are hereby granted: (1) Village Zoning Ordinance (a) Section 17.36.040.G.2.—To allow fewer than six(6)stacking spaces per customer service area for the bank drive-through facility and to allow the parking requirement for the building to exclude the basement area. 13 (b) Section 17.44.020.G.1. —To allow a landscaped yard along Buffalo Grove Road ranging from eight (8) feet to nine feet, six inches (9'-6") instead of 23.3 feet and to allow a landscaped yard along Old Checker Road of less than twelve (12) feet in width. (c) Section 17.44.020.G.2. —To allow a landscaped buffer strip along the west property line of nine(9) feet instead of twelve (12) feet. (2) Villa ,e Development Ordinance (a) Section 16.50.120.I.Le. — To allow alternative landscaping instead of standard parkway trees along the Buffalo Grove Road right-of-way. b) Tree protection and landscaping —Owner shall obtain approval of the Village Forester prior to any site grading or removal or relocation of trees on the Property. A final landscaping plan shall be submitted for review and approval by the Village Forester prior to application for a building permit. c) Fire protection fee —Owner shall pay a fire protection equipment impact fee of$0.75 per gross square foot of all buildings constructed on the Property. Said fee shall be paid to the Village at the time of issuance of a building permit. d) Well and septic facilities —All water wells and septic sewer facilities on the Property shall be properly sealed or pumped and filled as required by the Illinois Department of Public Health and as approved by the Village Health Officer. Any underground tanks shall be removed as permitted and approved by the Illinois State Fire Marshal. 14 e) Real estate transfer tax — It is understood and agreed that the Village of Buffalo Grove levies a real estate transfer tax on all conveyances of real property in the Village. The Property shall be considered to be in the Village upon passage of the annexation ordinance by Corporate Authorities. f) Addresses-It_is understood and agreed that the proposed permanent bank building will utilize the 200 Buffalo Grove Road address currently used for the temporary bank. Owner shall submit the necessary change of address information to the Buffalo Grove Post Office to transfer the address at the appropriate time to ensure proper identification for provision of services. g) Security interest—Owner represents and warrants that there are no mortgages, liens or other security interest affecting title to the Property or any part thereof. h) Fire District reimbursement—Owner shall deposit with the Village the amount necessary to reimburse the Village for any real estate tax payments made,or to be made,by the Village to the Prospect Heights Fire Protection District concerning the Property pursuant to Public Act 91-307 (70 ILCS 705/20). Said deposit, as determined by the Village, shall be made by the Owner within sixty(60)days of the date of this Agreement. i) Ste—Any signs proposed for the Property are subject to the provisions of the Village Sign Code and are not approved by this Agreement. j) Sewer-Water Agreement—This Annexation Agreement supersedes the Sewer-Water Agreement dated April 19, 2004 entered into by the Village and the Owner. The temporary bank facility on the Property shall be removed by January 1, 2006. 15 IN WITNESS WHEREOF,the Corporate Authorities,Owner has caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. VILLAGE OF BUFFALO GROVE By ELLIOTT HARTSTEIN,Village President ATTEST: By LAGE CLERK OWNER: Northbrook Bank& Trust, an Illinois State Bank This document prepared by: Robert E. Pfeil, Village Planner Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 EXHIBIT A Legal Description Buffalo Grove Bank& Trust Southwest corner of Buffalo Grove Road/Old Checker Road Parcel 1 Lot 1 in Weidner's Subdivision of part of the southwest quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat thereof, recorded August 15, 1958, as Document 999971, in Book 1641 of Records, Page 399, in Lake County, Illinois. (Common address: 150 N. Buffalo Grove Road) Parcel 2 Lot 2 in Brehm's Subdivision of part of the west half of the west half of the southwest quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded December 23, 1955 as Document 892968, in Book 1408 of Records, Page 401, excepting therefrom that part of Lot 2 conveyed to the Village of Buffalo Grove by Trustee's Deed recorded May 21, 1984 as Document 2284834 and falling within the following described property: Beginning at the intersection of the centerline of Buffalo Grove Road and the easternmost northerly line of Lot 2, extended easterly; thence southerly along the centerline of Buffalo Grove Road, being on a curve concave to the east, having a radius of 1005.19 feet and a central angle of 5 degrees, 41 minutes, 57 seconds, for a distance of 99.99 feet to a point, said point being at the intersection of the centerline of Buffalo Grove Road and the south line, extended easterly, of said Lot 2; thence west along the south line of said Lot 2, and said south line, extended easterly, for a distance of 50.17 feet to a point on a curve; thence north along a curve concave to the east, having a radius of 1055.19 feet and a central angle of 5 degrees, 20 minutes, 2 seconds for a distance of 98.38 feet to a point, said point being on the easternmost northerly line of said Lot 2; thence east along said northerly line and said northerly line, extended easterly, for a distance of 50.05 feet to the point of beginning in Lake County, Illinois. Parcel 3 Lot 1 in Brehm's Subdivision of part of the west half of the southwest quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded December 23, 1955 as Document 892968, in Book 1408 of Records, Page 401 excepting therefrom that part of Lot 1 conveyed to the Village of Buffalo Grove by Trustee's Deed recorded as Document 2261395 and falling within the following described property: Beginning at the intersection of the centerline of Checker Road and the centerline of Buffalo Grove Road: thence south along the centerline of Buffalo Grove Road for a distance of 132.39 feet to a point of curvature; thence continuing south along said centerline, being on a curve EXHIBIT A (continued) concave to the east, having a radius of 1005.19 feet and a central angle of 2 degrees, 9 minutes, 28 seconds for a distance of 37.86 feet to a point, said point being at the intersection of Buffalo Grove Road and the southernmost line, extended easterly of said Lot 1; thence west along said south line and said south line, extended easterly, of said Lot 1 for a distance of 50.05 feet to a point on a curve; thence north along a curve concave to the east, having a radius of 1055.19 feet and a central angle of 2 degrees, 17 minutes, 9 seconds for a distance of 42.10 feet to a point of tangency; thence continuing north along a line 50.00 feet west of and parallel to said east line of Lot 1 for a distance of 150.76 feet to the centerline of Checker Road; thence southeasterly along said centerline for a distance of 53.26 feet to the point of beginning in Lake County, Illinois. PIN: 15-33-302-016 (Parcel 3 —20222 N. Buffalo Grove Road) PIN: 15-33-302-018 (Parcel 2—20194 N. Buffalo Grove Road) PIN: 15-33-302-012 (Parcel 1 — 150 Buffalo Grove Road)