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1994-008 1%14/94 CHECKER PLACE RESIDENTIAL Northwest corner of Buffalo Grove Road/Checker Road Planned Unit Development Ordinance TABLE OF CONTENTS 1 . Applicable Law. . . . . . . . . . 2 Enactment of Zoning Ordinance, . 3. Approval of Plats. . . . . . . 4, Compliance with Applicable Ordinances. , 5, Amendment of Plan. . . . . 6. Building Permit and E ineerinq Consultant Fees. . . . . . . 7. Water Provision„ 4 8. Storm and Sanitary Sewer Provisions, 9. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 10, Payment of Recapture Fees Owed 5 11 . Secur i ty for Public and Private Site In-provements. . . . . . , 12, Exhibits. . . . . . , 13. Building. Landscaping and Aesthetics Plans„ 14, Declaration of Covenants, Conditions and Restrictions. . , , , , 15. Park District Donations 16. School District Donations. . . . . . 17, Conditions Concerning Park and School Donations. . . . . . . 18, Facilitation of Development. 19. Enforceability of the Ordinance 20. Binding Effect of Ordinance, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 21 , Corporate Capacities. . . . . . . . . . . 22. Notices. . , 23. Special Conditions, 24, Effect. . . . . . . . . . . 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; and, WHEREAS, the President and Board of Trustees of the Village (sometimes hereafter referred to as the "Corporate Authorities") do hereby find that the evidence presented meets the requirements for a Preliminary Plan and a Residential Planned Unit Development. NOW, THEREFORE, be it ordained by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois: 1 , Applicable Law, This Ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. 2. Enactment of Zoninc Ordinance. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving a Residential Planned Unit Development in the R-9 District for the Property legally described in EXHIBIT A, 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 attached hereto as EXHIBIT B and the Preliminary Engineering Plan attached here to as EXHIBIT C. 3. Approval of Plats. The Corporate Authorities hereby approve a Preliminary Plan (EXHIBITS B and C) pursuant to the provisions of the Village's Development Ordinance and in addition will approve a plat upon submission by the Developer 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 the Property as submitted by the Developer 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 Ordinance and all applicable Village Ordinances as amended from time to time; and, (c) conform to the Development Improvement Agreement (EXHIBIT F=) as amended from time to time. Developer shall provide public access easements for public sidewalks in the common areas. 2 7, Water Provision, The Developer shall be permitted and agrees to tap onto the Village water system at points recommended by the Vill Engineer as shown on EXHIBIT C. age It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering, The Developer 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 Developer agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent Possible. Following such tap on, the Village agrees to provide to the best Of its ability and in a non-discriminatory manner water service to all users on the Property in accordance with the Preliminary Plan. Watermains serving the Property and those approved as part of the development shall be installed by the Developer and, except for service connections to the buildings, shall, upon installation and acceptance b formal acceptance action by the Corporate Authorities beededicaagtedt ugh to the maintained b the Village and become a part of the Village water system i Village. y the 8. Storm and Sanitary Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Developer and to use their best efforts to aid Developer in obtaining such permits from 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 as may be appropriate. The Developer shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as per EXHIBIT C. 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 agrees to accept any increase in sewer rates and tap on fees r Developer , provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. B. The Developer shall also construct on the Property any storm sewers which may be necessary to service the Property, as per EXHIBIT C. 4 made a part hereof and designated as shown below. This Ordinance, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection by the parties hereto. EXHIBIT A Legal Description EXHIBIT B Preliminary Plan dated as last revised December 2, 1993 by Ralph Burke Associates EXHIBIT C Preliminary Engineering Plan dated December 1 , 1993 by Ralph Burke Associates EXHIBIT D Preliminary Landscape Plan dated December 3, 1993 by Ralph Burke Associates EXHIBIT E Building elevations and floor plans (8 sheets) EXHIBIT F Development Improvement Agreement 13. Building, Landscapin ;, and Aesthetics Plans. Developer will submit building and landscaping plans (which landscaping p g plans shall conform to the requirements of Village Ordinances) for approval by the Appearance Commission and the Corporate Authorities before commencing construction of ,r buildings. Phases not under construction or completed shall be maintained in a neat and orderly fashion and graded and seeded all as determined by the Village Manager. Any identification signage for the development is subject to review and approval by the Appearance Commission. 14. Declaration of Covenants, Conditions and Restrictions. The Property shall be subject to a declaration of covenants, conditions and restrictions ("Declaration") which shall include but not by way of limitation a provision whereby the Village shall have the right, but not the obligation, to enforce covenants or obligations of the Developer, association and/or owners of the units of the Property as defined and provided within the Declaration and further shall have the right, upon thirty (30) days prior written notice specifying the nature of a default, to enter upon the Property and cure such default, or cause the same to be cured at the cost and expense of the Developer, association or other owners of the Property. The Village shall also have the right to charge or place a lien upon the Property of repayment of such costs and expense, including reasonable attorneys' fees in enforcing such obligations. The Declaration shall include, but not by way of limitation, covenants and obligations to own and maintain the drainage system depicted on EXHIBIT C. The Declaration shall also include the obligation that the 6 intent to always cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provision of this Ordinance. 19. Enforceability of the Ordinance. This Ordinance shall be enforceable in any competent jurisdiction by any of th 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 Ordinance is held invalid, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the provision contained herein. 20. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the Developer, and its successors and assigns. 21 . Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are entering into this Ordinance in their official capacities as members of such group and shall have no personal liability in their individual capacities. 22. Notices. Any notice required pursuant to the provisions of this Ordinance 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 received on the fifth business day following deposit in the U.S. Mail. If to Developer: Howard Samotny G.S. Building Corporation 540 Frontage Road Northfield, IL G0093 Copy to: Lawrence Freedman, Esq. Ash, Anos, Freedman and Logan 77 W. Washington Street Chicago, IL 60602 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa & Skelton 1140 Lake Street, Suite 400 Oak Park, IL 60301 23. Special Conditions. A. The following variations to the Village's Development Ordinance are hereby granted: 8 EXHIBIT A LEGAL DESCRIPTION Checker Place Residential (Northwest corner of Buffalo Grove Road/Checker Road) Lot 89 in Vintage of Buffalo Grove, being a subdivision of part of the Southeast 1 /4 of Section 32 and part of the Southwest 1 /4 of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded June 16, 1986, as Document No. 2451381 , and a Certificate of Correction recorded July 25 , 1986, as Document No. 2464266, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION : The approximately 6.438-acre tract at the northwest corner of Buffalo Grove Road and Checker Road. 0 VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GR THIS `7 DAY OF7 19W�7 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & ke Counties, Illin is, this day of p 19�, Village Clerk By G D44uty Village Clerk