1984-010 ORDINANCE NO. 84- 10 " OFFICIAL
E O ABUFFALO ClQyl
AN ORDINANCE APPROVING ANNEXATION AGREEMENT - WQ
(JOHNSON PROPERTY EAST)
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 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, 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.
Section 2. 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. t
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AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None L
ABSENT
1 - Reid
PASSED: January 30 , 1984
January 30 , 1984 •�7FT FILE
APPROVED:
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1
APPRO D:
Village President
ATTEST `�•' BLOCHE. FRENCH & RAYSA. ^.G
ATTORNEYS AT LAW
`[�.+�?�-'�-/ ��•�`-"' i tt��' ELATE 33? {011 LAKE STREET
lage-Clerk DM PARK,LLLINOLS 603U
885727A a
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EBR:ng 12/21/83
A1�NE XAT341�AS�.����11�'
THIS AGREEMENT (hereinafter referred to as the "Agree ant
30th January 84
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made and entered into this day of Deicemiser, 198a / 1y 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 CHEVY CHASE SEWER AND WATER COMPANY,
an Illinois corporation, (hereinafter referred to as "CCSWC") and
Chicago Title & Trust Company not personally but solely as
Trustee under Trust Agreements dated August 10 , 1950 April 10 ,
1953 and January 15 , 1957 and known as Trust Numbers 34611 , 36132
and 38945 , respectively, and American National Bank and Trust
Company of Chicago, not personally but solely as Trustee under a
Trust Agreement dated December 2 , 1980 and known as Trust Number
51453 (hereinafter collectively referred to as "Owner") , the
beneficiaries of which trusts are William Johnson, Catherine
Johnson, Winifred Johnson and Catherine Richter. "ti
W I T N E S S E T H
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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 6LOCHE. FRENCH & RAYsn; P.C.
ATTORNEYS AT LAW
UITE 332 1011 LAKE STREET
DAK PARK, ILLINOIS 60J0j
- Q8�•722.�
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WHEREAS, Owner is the owner of a certain tract of property
comprising approximately one hundred fifty (150) acres and
bounded on the north by the north line of the Old Ehler Farm and
on the west by the Soo Line Railroad tracks and on the south by
Lake-Cook Road and on the east in part by Milwaukee Avenue and in
part by the Des Plaines River and legally described and
identified in the Petition for Annexation, which is attached
hereto as EXHIBIT A and which exhibit is made a part hereof and
the Plat of Annexation which is attached hereto and made a part
hereof as EXHIBIT B (hereinafter referred to as the "Property")
and which real estate is contiguous to property owned by
Commonwealth Edison Company that is contiguous to the corporate
limits of the Village; and
WHEREAS, the Village has agreed to annex the Commonwealth
Edison Company property without cost or obligation on the part of
Owner; and
WHEREAS, the Owner desires and proposes that the Property be
annexed to the corporate limits of the Village upon the
annexation of the Commonwealth Edison Company property and
developed under the terms of this Agreement, the applicable
provisions and regulations applicable to the various Districts of
the Village Zoning Ordinance and pursuant to and as set forth on
the concept plan attached hereto as EXHIBIT E which Exhibit
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consists of five (5) sheets and is made a part. hereof and subject �
to modification as hereinafter provided; and
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WHEREAS, pursuant to the provisions of Section 11-15 .1-1,
et. seq. , of the Illinois Municipal Code ( Illinois Revised
Statutes, 1981 , Chapter 24) and the Village' s home rule authority
a proposed Annexation Agreement, in substance and in form
substantially the same as this Agreement, was submitted to the
Corporate Authorities and a public hearing was held thereon
pursuant to notices provided by statute; and
WHEREAS, pursuant to due notice and advertisement in the
manner provided by law, the Plan Commission of the Village has
held public hearings prescribed by law and made their recommenda-
tions with respect to the requested zoning classifications set
forth on EXHIBIT E; and
WHEREAS, the President and Board of Trustees, being the
Corporate Authorities of the Village, after due and careful
consideration, and after public hearing pursuant to notice, 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 best serve the interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual
covenants and agreements herein set forth, the parties hereto
agree as follows:
1 . �pp��cb��_y�W. This Agreement is made pursuant to and N
in accordance with the provisions of Section 11-15 .1-1, et. seq. , C
of the Illinois Municipal Code (Illinois Revised Statutes, 1981 ,
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Chapter 24) and the Village' s home rule powers. The preceding
preamble clauses are hereby made a part of this agreement.
2 • �9S�gIl��I1 `�4l[iP�1�B�€�lld y�}j diy. The Owner has filed
with the Village Clerk of the Village a proper petition (EXHIBIT
A hereto) pursuant to and in accordance with the provisions of
Section 7-1-8 of the Illinois Municipal Code (Illinois Revised
Statutes, 1981 Chapter 24 ) , conditioned on the execution of this
Agreement and the compliance with the terms and provisions
contained herein, to annex 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 and void and of no force and effect unless property is
validly annexed to the Village and is validly zoned and
classified as provided on EXHIBIT E, all as contemplated in this
agreement.
3 . Fuu;��1gdjc� 14r o � ;c��,� �or g��r. The Corporate
Authorities recognize and agree that the size, configuration and
contour of the Property is such that the circulation plan which
is part of and is Sheet 2 of EXHIBIT E, has been drawn on a
preliminary basis and may, upon formal application r u s by
or Village
Owner, or its successors or assigns,/ to the Corporate A rities
of the Village be relocated as future development. of the Property
proceeds. The Corporate Authorities agree that any request for a C
change in the circulation plan shall be considered in light of
this Agreement, the necessity of flexibility for full development
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of the Property, changing market conditions, and all other
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considerations accorded to requests for changes in circulation
plans and will not be unreasonably denied by the Corporate
Authorities.
4. ractLng� �4f__�1nB�x� jo��Q�d�B��c�. The Corporate
Authorities, within twenty-one (21) days of the execution of this
Agreement by the Village, will enact a valid and binding
ordinance (hereinafter referred to as the "Annexation Ordinance")
annexing the Property to the Village. Said Annexation Ordinance
shall be recorded with the Lake County Recorder' s Office and the
Cook County Recorder' s Office along with the Plat of Annexation
(attached hereto as EXHIBIT B) . Recordation shall take place no
more than thirty (30) days after enactment of the Annexation
Ordinance provided two plats of annexation in proper form for
recording are delivered to the Village.
5 . ��I}�x�tio Q �piddi �or��PlQp�ly. Completely within
the perimeter boundaries of the Property are certain lots which
are not owned by Owner, the legal description of which lots is
attached hereto and made a part hereof as EXHIBIT C. The
Corporate Authorities agree to take all action necessary to annex
such lots described on EXHIBIT C to the Village, including the
enacting of a valid and binding ordinance or ordinances
(hereinafter referred to as the "Additional Annexation
Ordinance") annexing said lots described on Exhibit C to the
Village. Said annexation shall be recorded with the Lake County
Recorder' s Office and recordation shall take place no more than
thirty (30) days after enactment of such Additional Annexation
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Ordinance. The reasonable costs and expenses incurred by the
Corporate Authorities in annexing the lots described on EXHIBIT C
shall be paid by Owner.
6 . n cyi�� 4#_ZQI)11a9_QS d11��3}��. Within twenty-one (21)
days after the passage of the Annexation Ordinance and within
twenty-one (21) days after the passage of the Additional
Annexation Ordinance the Corporate authorities shall adopt
proper, valid and binding ordinances zoning the Property and the
additional lots described on EXHIBIT C in the zoning district
pursuant to the concept zoning and circulation plan (EXHIBIT E)
and subject to the restrictions further contained herein and all
applicable ordinances of the Village of Buffalo Grove, as amended
from time to time.
7 • APP14y�J_.Q#_2.1.0_t• The Corporate Authorities agree that
the Property and the presently recorded Plat of Subdivision shows
the existence of various streets. The Corporate Authorities agree
to approve Plats of Resubdivision as submitted by the Owner from
time to time based upon the Owner' s plans and development of the
Property in conformity with the concept plan (EXHIBIT E) provided
that Owner shall defend and indemnify the Corporate Authorities
with respect to claims by any owner of any lot listed on EXHIBIT
C for loss of access, if any, by reason of such Plat of
Resubdivision. �+
It is understood and agreed that prior to the Corporate �
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Authorities ' obligation to approve any Plats of Resubdivision,
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Owner will submit a. Preliminary Plan by zoning district in V1
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sufficient detail to conform with the Development Ordinance of
the Village except for lot lines and a development improvement
agreement substantially in conformity with EXHIBIT D, which
exhibit is hereinafter described. It is also understood and
agreed that the Preliminary Plan and/or Plats of Resubdivision
may involve vacating dedicated right of way and the Corporate
Authorities will take such action as is necessary to vacate and
relocate streets as may be required without further fees to
Owner. The Corporate Authorities will use their best efforts to
approve such Plats and Plans within forty-five (45) days after
submission by Owner of all requirements of the Development
Ordinance.
8• If the Owner desires to
make changes in the Preliminary Plan after the same is submitted,
the parties agree that such changes in the Preliminary Plan may
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. 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, except as otherwise restricted by the
terms and
provisions of this Agreement. The Village Manager is
hereby authorized to determine if the requested changes to the
Preliminary Plan are minor in nature and, if he so determines, he
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is hereby authorized to approve such minor changes without the
necessity of any additional public hearings. Minor changes for
purposes hereof shall not include reduction of the area set aside
for common open space, any increase of more than two percent (2%)
of the floor area proposed for nonresidential use, and any
increase of more than two percent (2%) of the total ground area
for buildings.
9. 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 such matters as zoning, building, minimum
lot size, front yard setbacks, side yards, rear lot easement
areas and subdivision of land adopted after the date of this J
agreement shall not be arbitrarily or discriminatorily applied to
the Property but shall be equally applicable to all properties
similarly zoned and situated.
10 . ��i�d1I�9—Pgs�]. ,F���• The schedule of building permit
fees presently in effect 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, it N
is agreed the Village, after notice to Owner, reserves the right
to pass along any and all reasonable additional expenses incurred
by the use of consultants in the review and inspection of such
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matters from time to time provided that no such additional
expenses shall be charged for work done by full-time employees of
the Village or by consultants who receive a fixed annual fee from
the Village. Owner shall pay any non-discriminatory new or
additional fees hereinafter charged by the Village to owners of
property within the Village, so long as such new or additional
fees are applied consistently to all other developments in the
Village. Prior to issuance of any building permits, Owner shall
submit and shall have approved a Preliminary Plan.
11 . hatg-LRuylai-QD. A. The Village agrees to construct a
water main to service the Property as shown on Exhibit E and
commonly referred to as the Milwaukee Avenue Water Main Project,
said project to be completed on or before December 31 , 1984 ,
subject to receipt of appropriate easements and to be subject to
a proportionate recapture to the Village, by future developers at
time of final plats of subdivisions of properties which benefit
from this water main. Owner shall be permitted and agrees to tap
onto the said water system at points recommended by the Village
Engineer.
B. The schedule of water tap-on fees presently in effect in
the Village may be increased from time to time, provided such
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- U
discriminatory manner, water service to all users on the
Property. Water mains, serving the Property and those approved as
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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.
12 . Ea-nj-t-4Xy .59 P simp The Corporate Authorities
agree that they will use their best efforts to have the County of _
Lake provide sanitary sewer service to the Property as required
under the provisions of the April 18, 1972 Sewer Service
Agreement and if such service is not provided by Lake County, the
Village agrees to use its best efforts, including taking legal
action against Lake County, to cause such service to be provided
to the Property in capacity sufficient to service Owner ' s
intended development. The Corporate Authorities further agree to
permit Owner to tap-on to the sanitary sewer system serving the
Property at the points recommended by the Village Engineer and to
use their best efforts to obtain any such additional permits as
may be necessary to authorize such connection from users on the
Property to the Lake County Public Works Department for the
collection of sewage. Upon installation and acceptance by the
Village through formal acceptance action by the Corporate
Authorities, the Corporate Authorities agree to operate and
maintain such system, except for sanitary sewer service p
connections. Owner agrees to accept any increase in sewer rates Q;
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and tap-on fees, provided that such fees and rates are applied
consistently to all similar users in the Village.
13 . ��igyy ��� ��3d�1_�I?d �l� �t_�4�P�1�Y• Certain of t h e
beneficiaries of Owner have an interest in the Chevy Chase Sewer
and Water Company (hereinafter referred to as CCSWC) , which
provides sanitary sewer and water service to those users,
identified by property address on Exhibit F attached hereto and
made a part hereof. The Village hereby agrees, subject to the
terms and conditions of this agreement, to use its best efforts
to service CCSWC customers with sanitary sewer and water service.
In this regard, the Owner and Village will undertake the
following:
A. Obligations of Owner:
(1) To provide the Village with all records of CCSWC, j
including pumping and account records, an inventory of the
existing facilities and property and necessary documentation
to convey the assets of CCSWC to the Village, as such assets
are listed on Exhibit G attached hereto and made a part
hereof.
(2) To pay for all costs to examine the system as set
forth on Exhibit G, design improvements and retain a
contractor to bring the system into conformance with Village
specifications as determined by the Village Engineer.
(3) To pay for all costs of repair, renovation, and
modification to the system to bring up to - Village Q:
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specifications as determined by the Village Engineer,
including any tap on or other governmental fees.
(4) To respond to the IEPA, Illinois Pollution Control
Board complaint imposed against the system' s sanitary sewage
treatment facility by providing connection between CCSWC
users and the Lake County Des Plaines River Sewage Treatment
Plant.
(5) To obtain all necessary approvals or consents from
any governmental agency ( other than the Village) or any
other persons or entities, if any are required, for such
conveyance, dedication and operation by the Village.
(6) To assign all easements and rights to property which
are required to properly operate, maintain and repair the
system.
(7) To convey through dedication and subject to the
Village' s implementation schedule, the assets of CCSWC to
the Village. A list of the assets are identified on Exhibit
G attached hereto and made a part hereof.
B. Obligations of the Village:
(1) To use all reasonable means to provide water and
sanitary sewer service to all present customers of CCSWC on
a system wide basis.
(2) To grant permission to connect to Lake County Des
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Plaines River Sewage Treatment Plant and to assist in
obtaining approval of Lake County through its Department of
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Public Works, to provide sanitary sewage treatment service
for users of CCSWC.
(3) If Owner elects, Village will assume all obligations
at Owner ' s expense -to examine the CCSWC system, to design
improvements meeting Village specifications as determined by
the Village Engineer, to identify a contractor to complete
improvements and to assure construction of all required
improvements.
(4) To make available to CCSWC users municipal water
service including Lake Michigan water.
(5) To accept through dedication the CCSWC assets,
except for Treatment Plant site, for the purpose of
providing municipal utility service to users of CCSWC.
It is mutually agreed that both owner and Village will act in the
interest of time to transfer ownership of the system. The
Village, however, will not consider dedication until the
following implementation schedule is completed:
(i) Owner annexes all property identified in this
agreement to Village.
( ii) Owner completes improvements meeting Village
Standards as determined by Village Engineer.
( iii) Village receives Lake Michigan water and is
capable of transmitting water to the CCSWC users at the fee
established per Village ordinance for service outside the
Village.
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( iv) Owner provides a sewer connection between CCSWC
users and Lake County Des Plaines River Sewage Treatment
Plant.
14 . Dr jr_4g€jU9yj_g141}j5. Owner agrees that all storm water
drainage from the Property must be conveyed to the storm water
detention areas shown on Exhibit E. The Village further agrees
that to the extent the Owner desires to relocate or modify the
areas provided for the storm water detention, such relocation or
modification shall be shown on the Preliminary Plan and the
Village will not unreasonably withhold its consent to such
modification; provided, that the required amount of volume and
other applicable design standards are adhered to. Upon final
construction of the storm water detention and storm sewer system
in compliance with all reasonable engineering requirements of the
Village 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 and Owner agrees to operate
and maintain the storm water detention and to include on the Plat
of Resubdivision a covenant to that effect requiring future
owners to operate and maintain said storm water detention and, if
not maintained, to allow the Village to have access thereto to
provide such maintenance and to have a lien against such property
for the costs of such maintenance.
15 . ' yylP�i� 4f_g�c�p ��g F���_Ql. The Village represents
that there are no current recapture fees or other fees to any
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prior owners or owners of adjacent property who have provided
water and sewer lines which may be tapped into by the Owner
except the recapture fees that will be charged by the Village in
connection with the Milwaukee Avenue Water Main. In the event a
portion of the sanitary sewer system, 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") is required by the Village to be so
located and/or oversized as to benefit vacant neighboring
properties not owned by the Owner, thus making 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 Y
property owners as may be benefitted by the 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. The Village and Owner
agree to use their best efforts to cooperate to 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,
which recapture payment shall be required upon the first to occur
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hereafter of: (a) subdivision of the benefitted property; (b)
application for a building permit for the benefitted property; or
(c) the issuance of a tap-on permit for the benefitted property. �
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The Village shall be entitled to a five percent (5%) fee
from any amounts hereby recaptured as and for its collection
efforts.
16 . Owner agrees that
all streets, parking and other areas are to be constructed in
accordance with the Village standards as set forth in the
Development Ordinance as amended tr time to time and upon
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of public streets, they " r � '
completion /will be accepted by th - '1 ge. The Village agrees
that if the Development Ordinance p esently applicable to the
Property is changed, such changes shall not be arbitrarily or
discriminatorily applied to the Property but shall be equally
applicable to all property similarly zoned and situated.
17 .
G�c1iS1bY f oS,��b11 c Ll d PS1Y� �iS1 �._. �II►PS oY�II►�lz s•
Security for public and private site improvements shall be
provided in accordance with the Development Ordinance, and the
Development Improvement Agreement, a copy of which is attached
hereto as EXHIBIT D. The Village agrees that any changes in the
Development Ordinance, and the Development Improvement Agreement
shall not be arbitrarily or discriminatorily applied to the
Property but shall be equally applicable to all property
similarly zoned and situated.
18 . _xbjbj_tp. 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 C
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incorporated by reference herein, made a part hereof and
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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.
✓E/XHIBIT A Petition for Annexation of Property
t,EXH IBIT B Plat of Annexation
/EXHIBIT C Legal description of additional lots not
owned by Owner
EXHIBIT D Development Improvement Agreement
!/EXHIBIT E Concept Plan
Sheet 1 Preliminary Plan Zoning, Flood
Way Limits and Existing
Conditions
Sheet 2 Preliminary Circulation and
Grading Plan
Sheet 3 Preliminary Water Main System
Sheet 4 Preliminary Sanitary Sewer
System
Sheet 5 Preliminary Storm Sewer System
EXHIBIT F Customers of CCSWC as of the date hereof
"EXHIBIT G Assets „ of CCSWC Ca 22
-E H BIT H Wheeling Park District Agreement
19 . RUilaipci t Owner will
submit building and landscaping plans (which landscaping plans
shall conform with the requirements of Village ordinances) for
approval by the Appearance Commission and the Corporate
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.Authorities before commencing construction of buildings. Lighting (71
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and signage shall be complimentary to surrounding areas. Phases Q
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not under construction or completed will be maintained in a neat
and orderly fashion as reasonably determined by the Village
Manager.
The Corporate Authorities agree that upon the submission of
building and landscaping plans, an appropriate written response
thereto will be provided to the Owner not later than forty-five
(45) days after the date of submission of a completed application
and appropriate documents. The Corporate Authorities further
agree that any changes in the requirements of Village ordinances
with respect to landscaping shall not be arbitrarily or
discriminatorily applied to the Property but shall be equally
applicable to all property similarly zoned and situated.
20 . 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 interest of all of
the parties requires their continued cooperation. The Owner does
hereby evidence his intention to fully comply with all Village
requirements, his willingness to discuss all 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. It
is further understood and agreed that prior to development of the Q%
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Property Owner shall, subject to the usual permit requirements,
be permitted to excavate sand and gravel from the Property and
bring fill onto the Property.
21. �� 4sc��b� �4 ��_�1g����g� 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, it is mutually
agreed that the parties will use their best efforts to amend or
modify such provision to comply with all applicable law. If the
parties are unable to reach a mutually agreeable amendment or
modification, then the provisions of this Agreement held invalid
shall be deemed to be excised herefrom and the invalidity thereof
shall not effect any of the other provisions contained herein. It
is understood and agreed that if Owner sells, conveys or
transfers any portion of the Property, any successor to Owner
shall have all of the rights granted hereunder including all
rights of enforcement and be subject to all obligations hereunder
to the extent applicable to the portion of the Property acquired
by such party and Owner shall be released for any and all
obligations with respect to that portion of the Property so sold,
conveyed or transferred, without written notice to the Village.
22 . This Agreement will be binding upon
the parties hereto for a term of twenty (20) years from the date
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of the execution of this Agreement by the Village. This Agreement ti
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shall not be assigned without prior written consent of the
Village.
23 . �1ladlrg,�ff�c4Ag�����I� This Agreement shall be
binding upon the parties hereto, their respective successors and
assigns.
24 . �SP4�� �_��p�cit ��. 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.
25 . 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 (5th) business
day following deposit in the United States Mail :
If to Owner : William Johnson
7 Chevy Chase Drive
Wheeling Illinois 60090
With a Copy to: Sachnoff Weaver & Rubenstein, Ltd.
One IBM Plaza, Suite 4700
Chicago, Illinois 60611
Attention: William P. Colson
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60090
With a Copy to: William G. Raysa
Bloche, French and Raysa
1011 Lake Street
Oak Park, Illinois 60301
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26 . Pjcfa1u1_t. In the event the Owner defaults in the
performance of his obligations as set forth in this Agreement,
the Owner shall have thirty (30) days in which to cure such
default after written notice thereof from the Village or provide
evidence to the Village that such default will -be cured in a
timely manner if it cannot be cured within said period. If Owner
fails to cure such default or provide such evidence as provided
above, then, the Village shall have all rights and remedies
available at law or in equity. In the event Village employs an
attorney or attorneys to enforce any default by Owner and Village
prevails in such action (the finality of which is not legally
contested) Owner agrees to pay to Village all court costs,
- including reasonable attorneys fees, expended or incurred in
connection therewith.
If the Village defaults in the performance of its
obligations to: (a) annex the additional property as provided in
paragraph 4 ; (b) enact the zoning shown on EXHIBIT E with respect
to the Property and thereafter act upon requests for changes of
the circulation plan as herein above provided; (c) approve Plats
of Resubdivision or give reasons for disapproval; (d) supply
water to and permit Owner or its successors to tap onto the water
and sewer systems servicing the Property as provided in paragraph
11 ; (e) offer to service CCWSC customers; (f) adopt an ordinance
with respect to recapture as provided in paragraphs 11 and 12 ; or
..r
(g) respond to submissions of building and landscaping plans set
G:
forth in this Agreement; then the Village shall have thirty (30)
C:
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-21- ^ti •330J
days in which to cure such default after notice of such default
from the Owner. If the Village fails to cure such default or
provide evidence that such default will be cured in a timely
manner if it cannot be cured within said period, then Owner shall
have all rights and remedies available at law or in equity.
In the event Owner employs an attorney or attorneys to
enforce any of the obligations of the Village as set forth above
in this paragraph and Owner prevails in such enforcement (the
finality of which is not legally contested) Village agrees to pay
to Owner all expenses, fees and court costs, including reasonable
attorney's fees, expended or incurred in connection therewith.
27 . of_,oDD41LFgcjjijj_Qg. Owner agrees that all
sewage, storm and drainage facilities in public streets and
public rights of way, except service connection shall be
dedicated to the Village utilizing such deeds or plats or other
documents as the Village may reasonably require. Owner shall also
provide the Village a right of entry on private drives and paved
areas, if any, to enforce. state statutes and local ordinances and
maintain the ' storm water detention should the same not be
maintained by Owner or its successors and assigns and the V ill age
may assess appropriate fees for such maintenance.
28 . �s�_�S14S4_�4I?��SuS�1oZ1• The Village agrees that
prior to actual development of the Property, the Owner or its
successor or assigns, may use or lease the Property to be used
for agricultural purposes.
4�
,v i
;�:,:r�3105
-22-
2 9 . ADD� � 14D� �� �D�. _�QDS t14D s. Ow ne r or t h e
building permit applicant agrees to pay an annexation fee in an
amount equal to Two Hundred ( $200 .00) Dollars . for each
residential unit constructed on the Property, which fee shall be
payable upon the issuance of the building permits for each
residential unit authorized by such building permit. No
annexation fee shall be charged in connection with that portion
of the Property upon which commercial, office, industrial or
other business use improvements are constructed. No contributions
of land or money will be required to any park district in
connection with the Property other than such contributions as may
be required under that certain agreement dated June 30 , 1977
between the Estate of Joseph M. Johnson and the Wheeling Park
District, a copy of which agreement is attached hereto and made a
part hereof as Exhibit H. which contributions satisfy the Owner' s
obligations under Title 19 of the Buffalo Grove Municipal Code.
Library district and School district contributions shall be
subject to Title 19 of the Buffalo Grove Municpal Code as now in
effect or as hereinafter amended on a nondiscriminatory basis.
30 . Traffic—5i9Da1.S• In connection with any future
subdivision development agreements for all or any portion of the
Property, the Village shall have the right to require the party
requesting such subdivision development agreement to pay the
local share of any traffic signal improvements warranted by the r;
13
State of Illinois or Lake County or Cook County. O .
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1
IN WITNESS WHEREOF, the Corporate Authorities and Owner have
caused this Agreement to be executed by their respective proper
officials duly authorized to execute the same the day and year
first above written.
VILLAGE OF BUFFALO GROVE
By:
_ -- --- - ---
ATTEST:
la�tC�a:tr?+,r• •W dt. .�-}tr1C�G.�''�;to
Chicago Title & Trust Company,
not personally but as Trustee
as aforesaid under T
Orust Numbers
,; �• o
34611 361 and 389 5
i�j:��:��. By:
ATTEST: WfG� St - -
,r, r ..
j-i`�7..ate• KL .-.. �t�ri --C�� ���.....:.._�
American National Bank and Trust
Company of Chicago, not
Ths L e ml lst t 13 etsgf e t p1T�+^i.'.ti M'IT INAL PAN ANT)TOAST C'MPANY
OFCSIC'.Z r��{r.; !lg:�::C•:;'y G; :tit-r, ;..r_, ser' 'tt C_:W ants personally but as Trustee as
-s4xr;?Io aforesaid under Trust Number
51453
a�i(a_sSiS?i;.�'; ,��q ..•�;'.,:.2rc able
<g3�;a..'1�1�//r�, . ::�:\ � ,.:�. �: :.i��: t�':,-: �:;��.',iJ�;�Jh•�ras�onof
<tt�r:t fp?.ii.l,�•;;'�•.J f�;�.�.r„ d;Ns:s:.:,.uT+a�rrj trurruµma wwwl(,w tt�i�
ATTEST: u
_- ------- yam-,
Chevy Chase Sewer and Water =
Company, an Illinois Corporation
C:
ATTEST: Presiden
Secretary 751�
It is expressly urders!oM and a c--d �..�
by and t+t1•w•n Ike parties hneto•anytting here.n la the contrary notwdhstan!„
Ih,nAYedl and warrin--5,indema Les,re;:eser'•1:as .ar::exams,urdstahns and agraements•neain made on lie
of the Truster wthlir in G:..a p r rtirg a;tc x. r t c tetr.Lmi ys and ayreeaa,•.• O `g
o! sa:d T:r„Eo s:4 r 's eart a [r,p t er m p rr . 3: avl xvr r es. indrmr. - r
reptsenl•'�. _ r••: rt / 7. _ a r z si Lt+,Srra:
trustee Gr:s > e r - j
descnoed nere m, c a•:"..° 51:2!Y m L:e -xerc,se s B
Me Pe-Ni..trox.. A isL,•... .....' _ zss-:saed by rof shall.
laay Y.me to a<•._r'•d cr ! ,•:;r,7-:P:a ..-..,. . , C' ''-a ......, r: it t:;r 1L::.>-Sc.":z;order S;N Truel
AgreemenL ca a::ca of Ins:::-::❑r-. .•r.;.�a..[CG::el ary ),.. .;;,i_,: :,-;,;a;;ca,co.nant.uadrrtakmt or
agreement of the satd Tnr;tee inT.24mr.zat ce::a:n:d,aC.0 cr;.c"ei er i.:,,ed,aarsuch peroaa!IaMh;y,r!any,t:n; 'a
e,pressly waned and released.
2