1981-038 ;4bV44455
'ORDINANCE NO. 81 — 38
AN ORDINANCE APPROVING ANNEXATION AGREEMENT ,
(Cedar View)
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 also been submitted to the corp-
orate authorities of the Village of Buffalo Grove an
Annexation Agreement pursuant to statute; 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:
'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 arev
hereby authorized to execute said Agreement on behalf of
the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and
effect from and after its passage and approval in the
manner provided by law.
AYES: 5 Marienthal , Stone, Hartstewn, Gerschefske, Clayton
NAYES 0 None
ABSENT: 2 O'Reilly, Schwartz
PASSED and APPROVED: July 6 1981.
ANNEXATION AGREEMENT
This Agreement (hereinafter referred to as the .
"Agreement") made and entered into this 6th day of
U July 1981, by and between the VILLAGE OF
BUFFALO GROVE (hereinafter referred to as "Village") by and
through the President and Board of Trustees of the Village
(hereinafter collectively referred to as the "Corporate
Authorities" ) and LA SALLE NATIONAL BANK as Trustee under
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Trust No. 100522 dated January 10 , 1979, and DAVID HALLER as
Beneficiary of said Trust (hereinafter referred to as "Owner") ,
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W I T N E S S E T H:
WHEREAS, Owner is the owner of a certain tract of
property comprising approximately 5. 3 acres bounded on the
north by Dundee Road, on the west by property of the Kingswood
Methodist Church, and on the east by Three States Boulevard,
and legally described and identified in the Petition for
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Annexation, 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 contiguous to the
corporate limits of the Village; and
WHEREAS, Owner desires and proposes pursuant to
the provisions and regulations applicable to the B-3 Planned
Business Center District of the Village Zoning Ordinance
to develop property in
accordance with and pursuant to a certain Preliminary
Development Plan prepared by Rolf C. Campbell & Associates , Inc.
dated as last revised June 3 1981, and
also Preliminary Engineering Plan prepared by Westerberg/
last revised May 21 1981, (hereinafter
jointly referred to as the "Preliminary Plan") , a copy of
which Preliminary Plan is attached hereto as Exhibit B and
Exhibit C and incorporated herein, and subject to all other !II
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exhibits attached hereto or incorporated by reference herein.
Said development of property shall contain an office complex
containing three (3) two (2) story buildings, having a total
of approximately 82 , 800 square feet of gross floor area net
of footing dimensions; and
WHEREAS, pursuant to the provisions of Section
11-15. 1-1, et. seq. of the Illinois Municipal Code (Chap. 24 ,
Illinois Revised Statutes 1977) a proposed Annexation Agree-
ment, in substance and in form substantially the same as this
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Agreement, was submitted to the Corporate Authorities and a
public hearing was held thereon pursuant to notice as provided
by statute; and
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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 B-3 Planned Business Center
District.
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.
NOW THEREFORE, in consideration of the premises,
mutual covenants and agreements herein set forth, the parties 44
hereto agree as follows :
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1. Applicable Law. This Agreement is made
pursuant to and in accordance with the provisions of
Section 11-15. 1-1, et. seq. of the Illinois Municipal
Code (Chap. 24, Illinois Revised Statutes 1977) .
2. Agreement: Compliance and Validit
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The Owner has filed with the Village Clerk of the Village
a proper petition (Exhibit E hereto) pursuant to and in
accordance with provisions of Section 7-1-8 of the Illinois
Municipal Code (Chap. 24 , Illinois Revised Statutes 1977) ,
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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 aforesaid petition for annexation shall be null, void
and of no force and effect unless property is validly
annexed to the Village and is validly zoned and classified
in the B-3 Planned Business Center District, along with
required and approved variance, being building side yard
requirements reduced from fifty (50) feet to forty (40)
feet along west boundary line of property, all as contemplated
in this Agreement.
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3. Enactment of Annexation Ordinance.
The Corporate Authorities within fourteen (14) days of
the execution of this Agreement by the Village will
enact a valid and binding ordinance (hereinafter N
referred to as the "Annexation Ordinance") annexing
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property to the Village. Said Annexation Ordinance shall be
recorded with the Cook County Recorder ' s Office along with
the Plat of Annexation. Recordation shall take place no more
than thirty (30) days after enactment of Annexation Ordinance.
4 . Enactment of Zoning Ordinance. Within
fourteen (14) days after the passage of the Annexation
Ordinance, the Corporate Authorities shall adopt a proper,
valid and binding ordinance zoning property in the B-3
Planned Business Center District including approved variances
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per Preliminary Plan, subject to the restrictions further
contained herein and all applicable ordinances of the
Village of Buffalo Grove. Said zoning shall be further
conditioned on the development of the property in accordance
with a Plan of Development prepared by Rolf C. Campbell & Assoc. Inc.
dated June 3 , 1981, (Exhibit B) , and
the Preliminary Engineering Plan (Exhibit C) , which Plans
the Village does hereby expressly approve. Said development
shall be for offices (business and professional) , financial
institutions, research, schools (business and professional) ,
and such other accessory uses as are allowed by the Village
Zoning Ordinances.
5. Approval of Plats . The Corporate
Authorities hereby approve a Preliminary Plan of Development
(Exhibit B & C) pursuant to the provisions of Section VI
of the Village Subdivision Regulations Ordinance and in
addition agree to approval of a Final Plan of Development
or plats or phases of the development of property promptly
upon submission by the Owner of complete and proper materials as
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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 Plan,
Exhibits B and C; and
(b) Conform to the terms of this Agreement
and all applicable Village ordinances;
and
(c) Conform to the Subdivision Improvement
Agreement, Exhibit H, as amended.
It is understood and agreed that the final
subdivision plat or plats that will hereinafter be submitted by
the Owner shall conform to the phases of the development as
shown on the preliminary plan.
6 . Com liance with Apl2licable 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, however, that
no amendment to any existing ordinance nor any new ordinance,
order or regulation adopted after the date of this Agreement
which would (1) prohibit or further restrict the zoning uses.
of the Property as provided and authorized under the terms
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hereof, or (2) reduce the height limitations or bulk
regulations applicable to the Property under the B-3
Planned Business Center District provisions of the
Village Zoning Ordinance. Provided further that N
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all new ordinances, amendments, rules and regulations relating
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to zoning, building and subdivision of land adopted after the
date of this Agreement shall not be arbitrarily or discrimi-
natorily applied to the Property but shall be equally appli-
cable to all property similarly zoned and situated. Owner,
in the development of the Property, shall comply with the
standards set forth in the Village of Buffalo Grove
Engineering Standards herein referred to as the Manual
of Practice as amended from time to time, a copy of which
has been made a part hereof as Exhibit F.
7. Amendment of Plan. If the Owner 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.
8 . Building Permit Fees . The building permit
fees may be increased from time to time so long as said
permit fees are applied consistently to all other
developments in the Village to the extent possible.
In the event a conflict arises between the Owner
and the Village on any engineering and technical matters
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subject to this agreement, the Village reserves
the right to pass along any and all additional
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expenses incurred by the use of consultants in the review and
inspection of the subdivision. The Village reserves the right
to amend its building or subdivision regulations from time to
new or additional
time. Owner
shall pay Y an non-discriminatory
p
fees hereinafter charged by the Village to Owner of property
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 C are hereby approved by the Village) and 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 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 Preliminary Plan. Water mains serving the
Property and those approved as part of the development shall
be installed by the Owner and, except for service connections
to the building shall, upon installation and acceptance by
the Village through formal acceptance action by the Corporate
Authorities, be dedicated to the Village and become a part of
the Village water system maintained by the Village.
The Owner shall loop the water. main to improve
reliability of water sources for fire protection purposes.
The looping of the water main shall occur in Phase I and must
be completed within twenty-four (24) months after the approval N
of the final plat of subdivision by the Village.
10. Sewer and Drainage Provisions.
.r.
permits from governmental agencies having jurisdiction as
may be necessary to authorize connection from the proposed
development to the Metropolitan Sanitary District 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 C. 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.
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 C. Upon installation
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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 record a covenant to that effect.
C. Sanitary sewer adjacent to Dundee Road
shall be installed by the Owner in Phase I and must be
completed within twenty-four (24) months after the approval
of the final plat of subdivision by the Village.
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11. Owner Recapture of Utilit Costs. It is
further understood and agreed that a portion of the sanitary
sewer system to be constructed and installed by the Owner
to serve the proposed development on the Property (herein
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
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making such sanitary service available thereto. The Corporate
Authorities agree to adopt an ordinance and take such other
action as may be necessary to permit the Developer to recap-
ture from such vacant neighboring property owners as may be
benefitted by Owner' s Improvements, that portion of the actual
costs of the construction and installation of Owner ' s Improve-
ments, including interest at a rate of twelve percent (12%)
from date of final acceptance, in such proportionate amounts
from such neighboring property owners as may be so benefitted
as determined by the Village. The Village and Owner agree to
use their best efforts to cooperate to achieve the most practi-
cal 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,
including, but not necessarily limited to, advising Developer
of additional connections which the Village intends to permit,
collecting and remitting fees , executing and recording appro-
priate recapture documents, and any other lawful means available
to the Village. The Village agrees that no benefitted developer
shall be permitted to connect onto and utilize the said sewer
extensions without first reimbursing such owner, their grantees
or assigns as hereinabove provided.
The Village shall be entitled to a five percent
Any amount of recapture required to be paid by
this property shall be due and payable upon final platting
of Phase I of this development.
12. Street and Parking Area Provisions . The
Owner agrees that all streets , parking and other areas are
to be constructed in accordance with Village Standards in
conformance with the provisions of the Preliminary Plan.
13 . Security for Public and Private Site
Improvements. In lieu of any bonds or deposits required for
site improvements under Village ordinances and Administrative
Order 2 a co of whic
h is attached hereto as Exhibit G
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except for sanitary sewer inspection deposits, the Owner may
at its election furnish to the Village an irrevocable letter
of credit issued by a sound and reputable banking or
financial institution authorized to do business in the
State of Illinois or other security acceptable to the Village
in the amount equal to the amount of bonds or deposits
required for site improvements specified in Administrative
Order 2 (including, but not limited to, improvements both
public and private, such as earthwork, streets , driveways,
parking area pavements , sidewalks, sanitary and storm
sewers, water mains, drainage and storm retention/detention
facilities, site grading, street lighting and landscaping) for
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those areas of the Property which have received final approval
by the Village. All performance guarantees and approval
hereof shall be in accordance with Exhibit F . All bonds,
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deposits, or letter of credit that may be given to the Village
shall be promptly returned to the Owner in accordance with
the performance guarantees .
14 . Exhibits. The following Exhibits, some
of which were resented in testimony given b the Owner or
P Y g Y
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 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 Annexation Cook County
Exhibit B Preliminary Plan (Preliminary
Development Plan)
Exhibit C Preliminary Engineering Plan
Exhibit D Legal Description of Property
Exhibit E Petition for Annexation of Property
Exhibit F Manual of Practice
Exhibit G Administrative Order 2
Exhibit H Subdivision Improvement Agreement
Exhibit I Landscaping Plan
Exhibit J Architectural Rendering
15. Annexation Fee. Owner agrees to pay an
annexation fee in an amount equal to $600 . 00 per acre which
fee shall be payable at issuance of building permits .
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16 . Building, Landsca in and Aesthetics Plans..
As required under Village Ordinance No. 72-12 and all amendments
thereto, Owner will submit building and landscaping plans
(which landscaping plans shall conform to the requirements of
Village Ordinances) for approval by the Appearance Commission
and the Corporate Authorities before commencing construction
of buildings . Lighting and signage shall be complimentary to
surrounding areas , also phases not under construction or
completed shall be maintained in a neat and orderly fashion.
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No facial signs shall be allowed except with permission of
the Village.
17. 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 consumma-
tion 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.
18 . Additional Property not subject to this
Petition. The Owner is the owner of an additional parcel of
property to the south of the subject property. It is the
Owner ' s intent that said south parcel shall be submitted to
the Village of Buffalo Grove for annexation at some later date.
6 The Village shall not be entitled to five percent (5%) recapture.
The Owner shall not utilize the additional parcel
of property to the south for deposit of construction debris
or construction trailers while construction is continuing
on the parcel subject to this Agreement. The south parcel,
for the purposes of this paragraph, is described as follows :
"That part of the East 1/2 or the Northeast 1/4
of Section 8, Township 42 North, Range 11 East of
the 3rd Principal Meridian bounded by a line
described as follows : Beginning at a point on
the East line of said Northeast 1/4 which is 653 . 45
feet South of the Northeast corner thereof; thence
West along a line parallel with the North line of
said Northeast 1/4, 1308 . 15 feet to a point on the
West line of the East 1/2 of said Northeast 1/4;
thence South along said West line, 491. 98 feet to
the North line of the South 45 acres of the East
1/2 of the Northeast 1/4 of said Section 8 ; thence
East along the North line of the South 45 acres, as
aforesaid, 1208. 36 feet to a point on a line 100 .0
feet West of and parallel with the East line of the
Northeast 1/4 of said Section 8; thence North along
said line 100 .0 feet West of and parallel, 120 .0 feet;
thence East along a line parallel with the North line f
of the South 45 acres , aforesaid, 100 .0 feet to a point 4
on the East line of said Northeast 1/4; thence North
along the east line of said Northeast 1/4 , 369 .20 feet
to the place of beginning, Cook County, Illinois . "
This shall not be construed as any grant of any easement
whatsoever of any kind, nature or description.
19 . Golfview Terrace Right-Of-Way Landscaping.
The Owner hereby agrees to maintain the landscaping installed
by Owner on the Golfview Terrace right-of-way adjacent to the
property. Such maintenance shall be in conjunction with the
amounts of landscaping installed. A covenant shall be
recorded with respect to same.
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20 . Golfview Terrace Sidewalks . The Owner
shall not be required to install any sidewalks on the east
side of Golfview Terrace.
21. Traffic Li ht Installation. The Owner
hereby agrees to pay the local share, if any, for installa-
tion of a traffic light and opticon at the corner of Dundee
Road and Golfview Terrace, when such traffic light may be
warranted and approved by the Illinois Department of
Transportation. No payment to be made prior to final plat
if warranted.
22. Enforcibility 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.
23. Term of Agreement. This will be binding
on all parties for a term of ten (10) years from the date
of the execution of this Agreement by the Village.
24. Binding Effect of A reement.
This Agreement shall be binding upon the parties
hereto, their respective successors and assigns, provided,
however, that in the event Owner ' s obligations herein
are assumed in writing and a copy of which assumption is
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delivered to the Village by a successor to the Owner' s
interest in the Property, the Village shall look solely
to the Owner' s successor for the performance of the Owner' s
obligation hereunder.
25 . 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.
26 . 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: Mr. David Haller
R & S Development
1213 Long Valley Drive
Palatine, Illinois 60067
Copy to: Batler and Capitel
400 W. Dundee Road
Buffalo Grove, Illinois 60090
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60090
Copy to: Bloche, French & Raysa
1011 Lake Street
Oak Park, Illinois 60301
27 . Trustee Execution. This instrument
is executed by La Salle National Bank, not personally,
but solely as Trustee aforesaid, and the
exercise of the power and authority conferred upon,
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invested in it as such Trustee. All the terms, provisions,
stipulations, convenants and conditions to be performed by
the Trustee are undertaken by it solely as Trustee, as
aforesaid, and not individually, and all statements herein
made are made on information and belief and are to be
construed accordingly, and no personal liability shall be
asserted or be enforceable against the Trustee by reason
of any of the terms, provisions, stipulations, covenants
and/or statement contained in this instrument.
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 written above.
NO
PLAT
ILAT VILLAGE OF BUFFALO GROVE
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