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1985-036 ORDINANCE NO. 85 - 36 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AGREEMENT (Market Place at Town Center) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove a Planned Unit Development Agreement; and WHEREAS, proper and due notices of public hearing on said Planned Unit Development have been given and a public hearing was held; and WHEREAS, it is determined to be in the best interests of the Village of Buffalo Grove to approve said planned unit Development 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 ONE. The Planned Unit Development Agreement, a copy of which is attached hereto and made a part hereof as Exhibit "A" is approved. The subject property is zoned and classified in the B-5 District with a special use for a mixed commercial/office occupancy in the commercial/recreational sub-district. SECTION TWO. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. SECTION THREE. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 6 Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski 0 None NAYES. ABSENT: 0 None PASSED: July 15 APPROVED: July 15 APPROVED: 00 VERNA L. CLAYT illage P17� 'dent ATTEST: VUlage Clerk DRAFT 7/8/85 REVISED 7/15/65 MARKET PLACE AT TOWN CENTER PLANNED UNIT DEVELOPMENT AGREEMENT TABLE OF CONTENTS 1. Applicable Law. 2 2. Agreement: Compliance and Validity. 2 3. Enactment of Zonin Ordinance. 2 4. Approval of Plats. 3 5. Compliance with A licable Ordinances. 3 6. Amendment of Plan. 3 7. Building Permit Fees. 4 8. Water Provisions. 4 9. Storm and Sanitary Sewer Provisions. 5 10. Drainage Provisions. 6 11. Owner Recapture of Utility Costs. 6 12 Payment of Recapture Fees Owed. 7 13. Street and Parking Area Provisions. 14. Security for Public and Private Site Im rovements. 7 15. Exhibits. 7 16. Facilitation of Develo went. 8 17. Enforceability of the Agreement. 8 18. Binding, Effect of _Agreement. 8 19. Corporate Capacities. 8 20. Notices. 9 21. Default. 9 22. Special Conditions. 9 DRAFT 7/8/85 REVISED 7/15/85 MARKET PLACE AT TOWN CENTER PLANNED UNIT DEVELOPMENT AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 15th of July, 1985, 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 NORTHERN TRUST BANK, O'HARE AS TRUSTEE UNDER TRUST NO. 731,163 dated 9/25/73 (hereinafter referred to as "Owner") . 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 7.5342 acres legal-l;, described and identified in the Plat of Survey, which is attached hereto as EXHIBIT A, which exhibit is made a part hereof (hereinafter referred to as the "Property") and which real estate is within the corporate limits of the Village; and, WHEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable to the B-5 District of the Village Zoning Ordinance to develop Property in accordance with and pursuant to a . certain Preliminary Site Plan prepared for Lieberman Group LTD. , and dated as last revised July 9, 1985, and also Preliminary Engineering Plan prepared by Haeger & Associates, Inc. , and dated as last revised July 9, 1985, (hereinafter jointly referred to as the "Preliminary Development Plan") , a copy of which Preliminary Development Plan is attached hereto as EXHIBIT C and EXHIBIT D and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. 1 WHEREAS, pursuant to due notice and advertisement in the manner provided by law, the Plan Commission of the Village has held such public hearing prescribed by law and made their recommendations with respect to the requested zoning classification of the B-5 District with a special use for a mixed commercial/office occupancy in the commercial/recreational sub-district; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the zoning and development of the Property 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. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree to as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 17.44.060 of the Village's Zoning Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. 2. Agreement: Compliance and Validity. It is understood and agreed that this Agreement in its entirety, shall be null, void and of no force and effect unless property is validly zoned and classified in the B-5 District with a special use for a mixed commercial/office occupancy in the commercial/recreational sub-district, all as contemplated in this Agreement. 3. Enactment of Zoning Ordinance. The zoning of said Property shall be further conditioned on the development of the Property in accordance with a Preliminary Site Plan prepared for the Lieberman Group LTD. , and dated July 9, 1985, (EXHIBIT C) , and the Preliminary Engineering Plan prepared by Haeger & Associates, Inc. and dated July 9, 1985 (EXHIBIT D) . 7/15/85 2 4. Approval of Plats. The Corporate Authorities hereby approve a Preliminary Development Plan (EXHIBITS C & D) pursuant to the provisions of the Development Ordinance and in addition agree to approve _ a Final Plan of Development or plats or phases of the development of Property upon submission by the Owner of complete and proper materials as required 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 Owner provided that the plat or plats shall: (a) conform to the Preliminary Development Plan, (EXHIBITS C & D) ; 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 Development Improvement Agreement (EXHIBIT B) as amended from time to time. It is understood and agreed that the final subdivision plat or plats that will hereinafter be submitted by the Owner shall conform to the Preliminary Development Plan. 5. Compliance with Applicable Ordinances. The Owner 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 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. 6. Amendment of Plan. If the Owner desires to make changes in the Preliminary Development Plan, as herein approved, the parties agree that such changes in the Preliminary Development Plan will require, if the Village so 7/15/85 3 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 Development Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided that no such change: (a) involves a reduction of the area set aside for common open space; nor (b) increases by more than two percent (2%) the floor area proposed for nonresidential use; nor (c) increases by more than two percent (2%) the total ground area covered by -buildings. 7. Building Permit Fees. The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the Village to the extent possible. In the event a conflict arises between the Owner and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of - the development from time to time. Owner shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Owner or property within the Village. 8. 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 D are hereby approved by the Village, however, it is understood 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 at the time of the issuance of the water and sewer permits. The Owner agrees to accept 7/15/85 4 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 Development 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. 9. 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 Public Works Department for the collection of sewage and to the Illinois Department 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, as per EXHIBIT D, however, it is understood 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 on the Property in question any storm sewers which may be necessary to service the Property, as per EXHIBIT D, 7/15/85 5 however, it is understood 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 public streets, or multiple properties, and the Owner agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated, and shall have a covenant prepared to that effect for Village approval prior to plat approval. 10. 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 conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 11. Owner 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 Owner to serve the proposed development on the Property (hereinafter referred to as "Owner'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 Owner, thus marking such utility service available thereto. The Corporate Authorities agree to adopt an ordinance and take such other action as may be necessary to permit the Owner to recapture from such vacant neighboring property owners as may be benefitted by he Owner's Improvements, that portion of the actual costs of oversizing the construction and installation of Owner's Improvements, 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 enforcible for seven (1) years from its passage. The Village and Owner agree to use their best efforts to cooperate to 7/15/85 achieve the most practical and feasible route to the off-site utilities connection points. The Village agrees to cooperate with the Owner 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. 12. Payment of Recapture Fees Owed. Any amount of recapture required to be paid by this Property shall be due and payable upon final platting of this development. 13. Street and Parking,, Area Provisions. The Owner agrees that all streets, parking and other areas are to be constructed in accordance with Village standards as set forth in the Development Ordinance as amended from time to time. 14. 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 B) 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. The amount of the letter of credit shall not be reduced by expenditures made by the Owner until such improvements have been formally accepted by the Village. 15. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearing held before the Plan Commission and the Corporate Authorities prior to the execution " of this Agreement, are hereby incorporated by reference herein, made a part hereof and 7/15/85 designated as shown below. This Agreement, upon execution by the parties, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Plat of Survey EXHIBIT B Development Improvement Agreement EXHIBIT C Preliminary Site Plan (ten sheets) EXHIBIT D Preliminary Engineering Plan EXHIBIT E Uniform Signage Program (five sheets) 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 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 Owner does hereby evidence his intention to fully comply with all 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 intent to always 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 provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the provisions contained herein. 18. Binding. Effect of__A reement. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 19. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities 7/15/85 8 are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their 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: Stanley B. Lieberman Town Center Associates 400 West Dundee Road Buffalo Grove, IL 60089 Copy to: Marc Schwartz Batler, Capitel & Schwartz 400 West Dundee Road Buffalo Grove, IL 60089 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa Bloche' , French & Raysa 1101 Lake Street Oak Park, IL 60301 21. Default. In the event Owner or Developer defaults, in his performance of his 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 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. 22. Special Conditions. A. The following variations are hereby granted from the Buffalo Grove Development Ordinance: 7/15/85 Section 16.50.030.D. 13. Minimum ground cover over the sewer shall be 1.5 feet rather than 3.0 feet as long as RCP Class IV sewer pipe is used. Section 16.50.040.C. A paved invert with a 0.5% slope may be used in place of a six (6) inch perforated underdrain. Also, side slopes of 4: 1 may be permitted in areas where ponding depth is less than 3.0 feet. Section 16.50.012.I.1.e. Parkway trees may be clustered adjacent to the parkway on site as opposed to the standard spacing in the parkway. Section 16.50.070.D.2. The required right-of-way on Illinois Route 83 and Buffalo Grove Road shall be fifty (50) feet from centerline rather than fifty-four (54) feet with the required bicycle path placed on an easement rather than completely in the right-of-way. Section 16.50.040.D. The requirement that a building must be setback at least twenty-five (25) feet from the high water line of the detention basin shall be waived. Also, the requirement that the elevation of the crown of any new street or low point of any new exterior parking area constructed be not less than one (1) foot above the high water elevation of the area shall also be waived as long as these facilities are not lower than the high water level of the area. B. The Owner hereby agrees that any restaurant located in the retail building shall be a least 5,400 square feet unless otherwise approved by the Village Manager. C. The Owner hereby agrees to place a covenant over the south detention area which will allow the design of the detention areas to be modified at no cost to the Owner when the adjacent property immediately to the south is developed. Said covenant shall be submitted for Village approval prior to platting. D. Upon request of the Village, the Owner agrees to pay the cash equivalent (at the date of the request) to the Village of Buffalo Grove for the street improvements to Illinois Route 83 and Buffalo Grove Road as shown on EXHIBIT D rather than the actual construction. If this request is not made by 7/15/85 the Village, the Owner may begin construction of the improvements upon thirty (30) days notice to the Village. Said notice shall not be served prior to December 31, 1985. E. The Owner hereby acknowledges that the Village has the right to enforce the maintenance provisions of Section 17.44.060.E-8.h. of the Buffalo Grove Zoning Ordinance. F. A public access, ingress/egress easement shall be placed on the main driveways as shown on EXHIBIT D. IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. VILLAGE OF BUFFALO GROVE �vR�'N—A . CLAYTON, Village Pre. dent ATTEST: Villag lerk OWNER ATTEST: 4- 7/ 5/85 11