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1972-044 ORDINANCE NO.An ordinance Approving 'the Am.endiT.ient to the Annexation Agreement Between Exchange National Bank of Chicago as Trustee, Chesterfield Development Corporation and the Village of Buffalo Grove, dated Nov-- ember 29, 1969 WBEREAS, there has heretofore been submitted to the Village of Buffalo Grove a certain proposed amendment for an annexation agreement dated November 24, 1969 between the Exchange National Bank of Chicago, a national banking association, not personally but as trustee under the provisions of Trust No. 23674 hereinafter called "Owner, " Chesterfield Development Corp. , an Illinois corporation, hereinafter called "Developer'' and the Village of Buffalo Grove, an Illinois municipal corporation located in Cook and Lake Counties, Illinois hereinafter called ''Village made pursuant to the provisions in Division 15 .1 of Article XI of Ill . Rev. Stat. ch. 24; and WHERE'AS, a date for a public hearing on the said proposed amendment to the said annexation agreement was fixed by the corporate authorities of the Village of Buffalo Grove; and WHEREAS, notice of -the proposed amendment to the said annexation agreement was given in the manner provided by law; and WHEREAS, the Plan Commission of the Village has held a public hearing on the proposed zoning and use of the property which is subject to the said annexation agreement after giving notice as provided by law and has requested that the corporate authorities approve the use of the said property; and WHEREAS, -the public hearing upon the proposed amendment applicable law, which hearing was duly continued to and con-, cluded on arc pteia.)er 18, 1972 ; and WHEREAS, the notices and hearings on said proposed amendrient to said, annexatio.ri agreement have in all, respects complied with statutes made and prescribed. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES 0F' THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINO11S, AS FOLLOWS : SECTION ONE : The proposed amendment -to the aforesaid annexation agreement by and between Exchange National. Bank of Chicago as trustee, Chesterfield Development Corp. and the Village of Buffalo Grove be and -the same heret)y is, approved. A true and correct copy of the said amendment to the said annexation agreement is attached hereto as Exhibit A and. is made a part hereof by this reference. SECTION TWO : The President and Board of Trustees of -the Village of Buffalo Grove are hereby authorized to execute the af'o.resaid amendment two the annexation agreement by the village of Buffalo Grove. SECTION THREE : This ordinance shall be in full. force and effect from and after its passage, approval and publication in the manner provided by law. PA,',;S.E',D THIS DAY OF'_/ 19 7 2 APPROVED THIS DAY OF a 1972. .AYES NAYS : I, Vill la. Pre,, iden AMENDMENT TO ANNEXATION AGREEMENT DATED NOVEMBER 24 , 1969 THIS AGREEMENT entered into this __3z�ay of NOb" 1972, by and between the Exchange National Bank of Chicago, a national banking association, not personally but as Trustee under the provisions of a trust agreement dated March 1970 and known as Trust No. 23674 hereinafter called "Owner, " Chesterfield Development Corp. , an Illinois corporation, herein- after called "Developer" and the Village of Buffalo Grove, an Illinois municipal corporation, located in Cook and Lake Counties, Illinois, hereinafter called "Village" : W I T N E S S E T H: WHEREAS, Owner is the owner of record of the follow- ing described real property: Th-! West half of the South West quarter of Section 32, Township 43 North, Range 11 East of the Third Principal Meridian (except that part lying North of a line 1070 . 75 feet North of and parallel with the South line of said South West Quarter aforesaid) , in Lake County, Illinois; which said property is located in the Village of Buffalo Grove and has been heretofore duly annexed to the village by its Ordinance No. passed and approved )" - d 1969; and WHEREAS, the aforesaid property is subject to the terms and conditions of a certain Annexation Agreement by and between the Owner ' s predecessor in title, Developer and Village, dated November 24, 1969; and WHEREAS, Owner and Developer have requested that the - 2 - amended so as to permit the construction of 284 townhouses containing two and three bedroom dwelling units instead of 435 apartments containing one and two bedroom dwelling units; and WHEREAS, the corporate authorities of the Village, after due and careful consideration, have determined that the amendment of the aforesaid Annexation Agreement in the manner and on the terms and conditions set out herein will be highly beneficial to the Village, further the plan and growth of the Village, and will otherwise enhance and promote the general welfare of the Village; and WHEREAS, pursuant to the provisions of Section 11-13. 1-1 et seq. of the Illinois Municipal Code this proposed Annexation Agreement has been submitted' to the corporate authorities of .the Village and a public hearing has been held thereon on the 5th day of September, 1972, pursuant to due notice and otherwise in conformity with the applicable law, which hearing was duly continued to and concluded on the 18th day of September, 1972 ; and WHEREAS, the Plan Commission of the Village has held a public hearing on the proposed zoning and use of the property which is subject to this Amendment in the manner, and after giving the notice, required by law and has recommended that the corporate authorities approve the proposed use of the said proper- ty; NOW, THEREFORE, in consideration of. the foregoing and in consideration of the mutual covenants , agreements, terms and conditions herein set forth, the parties hereto agree as follows: 1. Paragraph 5 of the said Annexation Agreement - 3 - not more than 284 dwelling units shall be constructed on the portion of the aforesaid property classified in the R-9 Multiple Family Dwelling District. 2 . Paragraph 5 of the aforesaid Annexation Agreement .shall be further amended so as to provide that no less than 25 percent of the said 284 dwelling units shall contain two bedrooms or less and no more than 75 percent of the said total shall contain three bedrooms. No dwelling units shall contain more than three bedrooms. 3. The Owner and Developer agree that the said proper- ty shall be developed in substantial conformity with Exhibit A-1 attached hereto and made a part hereof by this reference. The Village further approves said Exhibit A-1 as a preliminary plat of subdivision of the said property. 4. . The Owner and Developer 'agree that in developing the aforesaid property the following amenities and facilities will be constructed and provided: (a) There shall be four "tot lots" for pre-grade school age children. (b) Pedestrian curb walks shall be constructed along all major internal roadways. (c) Extra off-street parking will be provided for guests of residents. (d) A fishing dock shall be constructed in the storm water detention lake. (e) The Owner and Developer will grant to the Village an easement for a walkway for pedestrian traffic only along the eastern boundary of the aforesaid property so as to provide a r. iaht-of_-wav fnr nuhl i c inaress and ParPss frnm T,akP-(Innk 4 Road to such public recreational facilities as may in the future be developed on the Buffalo Grove golf course. (f) The Developer will construct a landscaped berm along the boundary line between the residential portion and the commercial portion of the aforesaid property. (b) The Developer shall construct at least two tennis courts as part of the outdoor court complex. (h) The Developer shall construct a pedestrian walk- way between the residential and commercial portions of the development. (i) The Developer agrees to provide a "green belt" in the area immediately south of the recreational complex on the open space created by the elimination of the four dwelling ' unit building proposed for that site. (j) The Developer shall install at its own cost and expense a public sidewalk on the east side of Arlington Heights Road from Lake-Cook Road to the Cooper School property, provided, however, the Village agrees to provide for the recap- ture of the proportionate cost of such sidewalk from the owners or developers of presently unimproved property benefited by its said sidewalk and to pay such amounts so recaptured to the Developer. (k) The Developer agrees to cooperate with the Buffalo Grove Park District in the use of club house facilities on the subject property for organized Park District programs. 5. The Owner and the Developer agree that prior to the sale of dwelling units on the property which is the sub- ject of this amendatory agreement they will record a Declaration of Covenants and Restrictions with respect to the said property 5 - Declaration shall provide: (a) for the creation of a not-for- profit association of owners; (b) that title to all common areas, including common open space, undedicated streets and roadways (including curbs and gutters) , sidewalks, and recreational buildings and facilities (referred to herein as "common areas" ) shall be vested in the said owners ' association and the said association shall maintain said common areas and keep them in repair; (c) that the owners ' association shall have power to levy assessments on all owners of dwelling units located on the said property for the purpose of providing funds with which to maintain said common areas and keep them in repair; and (d) that if the said common areas are not maintained and kept in repair, and, after thirty (30) days notice in writing by the Village to the owners ' association, the association fails to maintain or repair said common areas, then the Village shall have the right to enter upon the said property and maintain and repair the common areas and assess tie reasonable cost of labor and material so employed against the owners ' association. The said Declaration may contain such other terms and provisions as the Owner and Developer may in their sole discretion deter- mine to be necessary or desirable. 6. The Owner and Developer hereby grant to the Village the perpetual right to enter upon the property and enforce all applicable Ordinances of the Village, County and State statutes. The installation and maintenance of all street and traffic control signs shall be the sole responsibility of the Village. 7. The Developer agrees that all streets, curbs, and gutters on the aforesaid property, whether public or pri- 6 - vate, shall be constructed to the Village specifications con- tained in the codes, ordinances, and regulations of the Village in effect as of the date of the aforesaid Agreement dated November 24, 1969. 8. The Developer agrees that in addition to the sum specified in Paragraph 14 of the aforesaid Annexation Agreement, it will make a cash contribution to School District No. 96 of $229 per dwelling unit for the first 168 dwelling units and $228 per dwell"ing unit for the remaining dwelling units (the intent of the parties being that if all 284 dwelling units are constructed, then the total cash contribution shall be $64, 920 unless such contribution is increased or decreased in the manner hereinafter provided) , the said contribution to be paid concurrently with the issuance of building permits for such units. It 'is further agreed that such cash contributions are based upon the assumption that the proposed development will produce 179 students in grade levels kindergarten through fifth grade and 47 students in grade levels sixth through eighth grades. The Owner and the Village agree that annually, during the remain- ing term of the said agreement of November 24, 1969, as amended by this agreement or until. all 284 dwelling units are completed and certified for occupancy, whichever occurs later, on the anniversary date of this amended agreement, they will determine the actual number of school age children generated by the resi- dences on the subject property and that cash contributions to be paid by the Developer, per dwelling unit, shall be adjusted according to the following formula: [ (_ A x 11 acres) + ( mmmB x 19 acres) ] x $15,000 Cash contribution 600 ) �( 9U0 per acre per dwelling unit 284 7 bution per dwelling unit in excess of the amounts hereinabove set out, the Developer shall pay such excess amount to School District No. 96 prior to the issuance of any further building permits. In the event that the said actual experience produces a contribution per dwelling unit that is less than the amounts hereinabove set out, the Developer shall receive a credit for such amount against. contributions remaining to be paid. 9. The Developer shall construct and install a system of sanitary sewers on the subject property in accordance with the applicable Village and Lake County standards and regula- tions . Said system of sewers, except for service connections to the developments, shall be dedicated to the Village and become part of the Village system and thereafter be maintained by the' Village. The Owner and Developer shall grant to the Village such easements as may be necessary to provide access by the Village on, over and across the subject property to maintain and repair the said sewers. The Developer agrees to comply with all of the applicable provisions of a certain Agreement for Sewage Disposal by and between the Village and Lake County, Illinois, dated April 18, 1972. 10. The Developer will also install a water system servicing the subject property in accordance with Village standards and regulations. Except for building service lines said system shall be dedicated to the Village, become part of the Village system and thereafter be maintained and kept repaired by the Village. The Owner and the Developer shall grant to the Village such easements as may be necessary to provide access by the Village on, over and across the subject property to maintain and repair the said water mains. ,�prnnn ' 11. Except as modified by the within and foregoing agreements, the aforesaid-Agreement of November 24, 1969 shall otherwise remain in full force and effect, provided, however, that the Developer agrees to comply with the terms and conditions of Ordinance No. 72-27 of the Village adopted July 24, .1972 providing water tap-on charges; and Ordinance No. 72-26, of the Village, adopted August 14, 1972, requiring storm water reten- tion facilities. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers duly authorized to execute the same the day and year first above written. Exoneration provision restricting any liability of TheExchange National NOT Bank of Chicago, stamped on the re EXCHANGE NATIONAL BANK OF CHICAGO, verse side hereo ;is hereby expressly PERSONALLY, BUT AS TRUSTEE 9DOER TRUST made a part hereof.. NO. 23674, dated March ! , By4 S L) ATTEST: ice President Maistant Trust oftic u CHES ERFIE D DEVEL ENT CORP. By (SEAL) ATTEST: .. �� President y, etary V ILtJ F/FALO 0 E By � � (SEAL) ATTES _llage P dent Secretary.