1988-023 2672490
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STATE OF ILLINOIS
S S.
COUNTY OF COOK & LAKE )
I, JANET M. SIRABIAN, hereby certify that I am the duly
elected, qualified and acting VILLAGE CLERK of the Village of
Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper
of its seal and records.
I hereby further certify that the attached is the original
of Ordinance No. 88-23 adopted on the 7 day of
March , 19 88 , by the Village Board of the Village
of Buffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Village of Buffalo Grove aforesaid, at said Village,
in the County and State aforesaid, this 23 day of -;March
to-''1.i..,.
19 88
U Village Clerk '-
ORDINANCE NO. 88-23
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
(Seidl Nursery Property)
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, it is determined to be in the best interest 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
afters its passage and approval. This Ordinance shall not be codified.
AYES: 5 - Marienthal, Glover, Shields, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Ehifrin
PASSED: March 7 1988 APPROVED: March 7 1988
ATTEST: APPROV
7
Village Clerk: VERNA L. CLAYTON, Village Pres' nt
�,. 2672490
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Seidl Nursery Property
That part of the East 1/2 of Section 20 , Township 43 North,
Range 11 , East of the Third Principal Meridian, described as
follows: commencing at a point in the South line of said section,
1 chain West of the Southeast corner of said section: thence North
parallel to the East line of said section, 25 chains: thence West
to the West line of the East 1/2 of the said Southeast 1/41 thence
North 18 .24 chains: thence West parallel with section line, 9 .25
chains: thence South parallel with the East line of the West 1/2
Of the Southeast 1/4 -of said section, 43. 24 chains to the South
line of said section: thence East to the point of beginning,
excepting therefrom a strip of land 210 feet in width
(measured
right angles to the Southwesterly line thereof ) through that partt
Of the Southeast 1/4 of section 20 ,' -Township 43 North, range 11 ,
East of the Third Principal Meridian, in Lake County County,
Illinois , lying East of a line which is 9 . 25 chains ( 610 :50 feet)
West of the East line of the West 1/2 of the Southeast 1/4 of said
section 20 , described as follows:
Beginning at a point in the West line of the East 66 feet of said
Southeast 1/4 which is 350 .91 feet North of the South line of said
Southeast 1/4 , said point being in the Southwesterly line of a 210
foot diagonal strip of land : thence Northwesterly along the
Southwesterly line of said 210 Foot stri p of land, a distance of
2515 . 15 feet to a point ire the West line of( 610 . 50 feet ) of the West 1/2 of the Southeast e1/4sOfgsaidchains
section , said point being 606 . 60 feet South of the North line of
said Southeast 1/4 ; thence North
line of said 210 foot strip 2red feet to the Northeasterly
Southwesterly ( measured at right angles to the
210 feet Northeasterly pFne) : thence to
along a line
210 fees Y ( measured at right angles to said
�terly diagonal line ) and parallel thereto a distance of
820 . 12 feet to . the intersection of said diagona
East line of th l line with the
e .West 1 /2 o£ the Southeast 1/4 of said section;
thence South along the East Tine of the West 1/2 of the Southeast
1/4 of said section, a distance of 116 . 29 feet
to So the South 25 chains ( 1650 feet) of the East 1/2tof the North line
Southeast 1/4 of said section.
the South 25 chains ( 1650 feet) tofnce theEast Eastl/2 of the Southeast
along the North line of
1/4 of said section, a distance of t
Of said line with said Northeasterly3 diagonal tline to tof saidhe 210
foot strip of land : thence Southeasterlyalong10
line of said two hundred ten ( 210) foot the Northeasterly '
distance of ' 517 . 70 feet to the intersection ofjsai�l�iafoland , a
with the West line of
thence South aloj; the East 66 feet of said Southeastgl/ql line
East lire 4 9 a line 66 feet West cf and Parallel o' said Southeast 1/4 , a distance ofp282 . 591 feet
htohthe
Point of beginning , in Lake Count excepting therefrom - Y. 1linois , -- and also
rec;,cded as Document 595593 Part dedicated
lcated for Aptakisic Road
of the East 589 .29 feet of the Sthat part cf the West 523 . 29 feet
Section 2p lying 25 chains of said East 1/2 of
Y 9 North of the CQjjunonwealth Edison Company right of
way recorded as Document Ni,mbe' 91G West S23 _19 feet of the Fast SBg . 90 and alscl that part of the
secl, ion 20 1 }/ 9 29 feet of said East 1 !2 of
1 rl ti G `
Comb<3n � SOIJti c " r� �� : ,� id
Y iyht of way , Cc;nm��nweaI th ZEd 1 son
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�' 2672490 `
3/7/88*
SEIDL NURSERY ANNEXATION AGREEMENT
Table of Contents
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Agreement: Cop liance and Validity. . . . . . . . . . . . . . . . . . . . . . 2
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . 3
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . 4
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
10. • Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . 6
11. Drainae Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12. Pa ent of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . 7
13. Security for Public and Private Site Improvements. . . . . . . 7
14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
15. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8..
16. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . 8
17. Declaration of Covenants, Conditions and Restrictions. . . 9
18. Project Models. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
20. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
21. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
22. Annexation to the Buffalo Grove Park District. . . . . . . . . . .10
23. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
24. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . .11
25. Term of Agreement. . . . . . . . . . ... . . . . . . . . . . . . . . . . . .. . . . . . . .11
26. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
27. Corporate Capacities.,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
28. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
29. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
30. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
31. S ecial Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2672490
SEIDL NUP.SERY
Annexation Agreement
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Subject Property Site
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3/7/88*
SEIDL NURSERY ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 7th day of March, 1988, 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 Seidl Nursery, an Illinois general partnership, (hereinafter
referred to as "Owner") , and Zale Groves, Inc. , an Illinois corporation (herein-
after referred to as "Developer") .
W I T N E S S E T H:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property (hereinafter
referred to as the "Property") comprising approximately 59.4 acres legally
described and identified in the attached EXHIBIT A, and which real estate is
contiguous to the corporate limits of the Village; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and regu-
lations applicable to the R-2 (One-Family Dwelling) District of the Village
Zoning Ordinance to develop Property in accordance with and pursuant to a certain
Preliminary Plan prepared by the Balsamo/Olson Group, Inc. and dated as last
revised December 2, 1987, Preliminary Engineering Plan prepared by Donald Manhard
Associates and dated as last revised January 20, 1988, and the Wetlands Walk
Study by Balsamo/Olson and dated December 11, 1987 (hereinafter jointly referred
to as the "Preliminary Plan") , a copy of which Preliminary Plan is attached
hereto as EXHIBIT D, EXHIBIT E, E-1, and F incorporated herein, and subject to
1 2072490
all other exhibits attached hereto or incorporated by reference herein. Said
development of Property shall contain 85 lots for single family detached housing
for an overall density of 1.2 dwelling units per acre; and,
WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. , of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) and as the
same may have been modified by the Village's Home Rule Powers, a proposed
Annexation Agreement, was submitted to the Corporate Authorities and a public
hearing was held thereon pursuant to notice as provided by Statute; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission of
the Village has held a public hearing and made their recommendations with respect
to the requested zoning classification of the R-2 District; and,
WHEREAS, the President and Board of Trustees after due and careful consid-
eration 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 hereto agree as follows:
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
(Chapter 24, Illinois Revised Statutes 1985) and as the same may have been
modified by the Village's Home Rule powers. The preceding whereas clauses are
hereby made a part of this Agreement.
2. A reement: Compliance and Validity. The Owner has filed with the
Village Clerk of the Village a proper petition to annex the Property pursuant to
and in accordance with prov 11 isions of Section 7-1-8 of the Illinois Municipal Code
(Chapter 24, Illinois Revised Statutes 1985) and as the same may have been
2v�lr,,490
2
modified by the Village's Home Rule powers, conditioned on the execution of this
Agreement and the compliance with the terms and provisions contained herein. 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 R-2 District, all as contemplated in this Agreement.
3. Enactment of Annexation Ordinance. 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 Ordi-
nance") annexing Property to the Village. Said Annexation Ordinance shall be
recorded with the Lake 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 Annexation Ordinance.
4. Enactment of Zonin Ordinance. Within twenty-one (21) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall adopt a
proper, valid and binding ordinance, zoning Property in the R-2 District 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 (EXHIBITS, D, E, E-1, and F) . Said Zoning Ordinance shall also
rezone Parcel 11 of the Fiore/Zale Annexation dated March 3, 1986 to the R-2
District.
5. Approval of Plats. The Corporate Authorities hereby approve a Prelimi-
nary Plan (EXHIBITS D, E, E-1 and F) pursuant to the provisions of the Devel-
opment Ordinance and in addition agree to approve a final plan of development or
plats or phases of the development of Property upon submission by the Developer
of complete and proper materials as required for the issuance of appropriate
3 2672490
building and other permits based on final versions of the plans and drawings of
the development of Property as submitted by the Developer provided that the plat
or plats shall:
(a) conform to the Preliminary Development Plan, (EXHIBITS D, E, E-1
and F); and
(b) conform to the terms of this Agreement and all applicable Village
Ordinances as amended from time to time; and
(c) conform to the Development Improvement Agreement (EXHIBIT C) as
amended from time to time.
6. Compliance with Applicable Ordinances. The Developer agrees to comply
with all ordinances of the Village of Buffalo Grove as amended from time to time
in the development of the Property, provided that all new ordinances, amendments,
rules and regulations relating to zoning, building and subdivision of land
adopted after the date of this Agreement shall not be arbitrarily or discrimina-
torily applied to the Property but shall be equally applicable to all property
similarly zoned and situated to the extent possible. Developer, in the develop-
ment of the Property shall comply with the Village of Buffalo Grove Development
Ordinance as amended from time to time.
7. Amendment of Plan. If the Developer desires to make changes in the
Preliminary Development 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 docu-
mentation, 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 Development Plan. The Village Manager is hereby
authorized to approve such minor changes as he deems appropriate, provided that
no such changes--(a) involves a reduction of the area set aside for common open
space; nor (b) increases by more than two percent (2%) the total ground area
m
4 26 V_4 2490
covered by buildings. Nothing contained herein shall be construed as requiring
the Village's approval of a request for a change to the Preliminary Plan. The
Village may, in its sole discretion, make the Developer's requested change
without an amendment to this Agreement.
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 Developer and the Village on any engineering and technical
matters subject to this Agreement, the Village reserves the right to pass along
any and all additional expenses incurred by the use of consultants in the review
and inspection of the development from time to time. Developer shall pay any
non-discriminatory new or additional fees hereinafter charged by the Village to
Developer or property within the Village.
9. Water Provision. The Developer 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 EXHIBITS E and E-1 are hereby approved by the
Village, however, it is understood that changes to the Preliminary Engineering
Plan may be required at the time of final engineering. The Developer will fully
cooperate with the Village by permitting the timely construction of all
watermains required to serve and loop the watermains of adjacent and offsite
property. The Developer shall dedicate or cause to be dedicated easements at the
request of the Village to permit said construction. The Developer further agrees
to pay to the Village such fees in accordance with the applicable Village Ordi-
nances 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
5 2672190
is
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 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.
10. 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 govern-
mental 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. The Developer shall construct on-site and off-site sani-
tary sewers as may be necessary to service the Property, as per EXHIBITS E and
E-1, however, it is understood that changes to the Preliminary Engineering Plan
may be required at the time of Final Engineering, Upon installation and accep-
tance by the Village through formal acceptance action by the Corporate Author-
ities, the Corporate Authorities agree to operate and maintain such systems,
except for sanitary sewer service connections. The Developer agrees to accept
any increase in sewer rates and tap on fees, provided that such fees and rates
are applied consistently to all similar users in the Village to the extent
possible.
B. The Developer shall also construct on the Property in question any
storm sewers which may be necessary to service the Property, as per EXHIBIT E,
and E-1, however, it is understood that changes to the Preliminary Engineering
Plan may be required at the time of final engineering. Upon installation and
acceptance by the Village through formal acceptance action by the Corporate
6 2672490
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 Developer 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 within thirty (30) days of the recording of the Plat of
Subdivision.
11. Draina e Provisions. A. The Developer shall fully comply with any
request of the Village Engineer related to the placement of buildings on lots, to
preserve drainage standards. The Developer shall install any storm sewers and/or
inlets which are required to eliminate standing water or conditions of excess
sogginess which may, in the opinion of the Village Engineer, be detrimental to
the growth and maintenance of lawn grasses.
B. The Property has Special Flood Hazard Areas (SFHA) or floodways as
defined by the Federal Emergency Management Agency (FEMA) . Until such time as
FEMA has issued a change to the Village's floodplain maps all development on the
Property in the SFHA or floodway(s) shall conform to the floodplain management
criteria established for SFHA'S and floodways by the Village's Floodplain Ordi-
nance.
12. Pa ent of Recapture Fees Owed. Any amount of recapture including for
sanitary sewer and water service, required to be paid by this Property shall be
due and payable upon Village approval of the first plat of subdivision of this
development.
13. Security for Public and Private Site Im rovements. Security for public
and private site improvements shall be provided in accordance with the Develop-
ment Ordinance, and the Development Improvement Agreement (EXHIBIT C) as amended
from time to time. Any letter of credit issued for such improvements shall be
drawn on a financial institution of net worth reasonably satisfactory to the
7 2672490
Village Attorney. The issuer may have an equitable or lending interest in the
Property provided that the letter of credit, either by its own terms or by
separate written assurances of the issuer, shall be honored irrespective of that
interest. The Village shall have the right to draw up to the full amount of the
letter of credit in order to complete, and have formal acceptance of, all im-
provements secured by the letter of credit.
14. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearings 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 Legal Description
EXHIBIT B Plat of Annexation
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan by Balsamo/Olson dated December 2, 1987
(revised)
EXHIBIT E,E-1 Preliminary Engineering Plan - Street and Drainage Plan
dated January 20, 1988 (revised) and Sanitary Sewer and
Water Main Plan dated November 5, 1987 (revised) by
Donald Manhard Associates.
EXHIBIT F Wetlands Walk Study by Balsamo/Olson dated December 11,
1987
EXHIBIT G Park District Acceptance of Park, Open Space, Wetlands,
and Detention areas as depicted on EXHIBIT F
15. Annexation Fee. Developer agrees to pay an annexation fee in the
amount of $1,800 per dwelling unit which fee shall be payable at issuance of
building permits. However, this fee shall be paid in full prior to the
expiration of this Agreement.
16. Building, Landscaping and Aesthetics Plans. Developer will submit
building and landscaping plans (which landscaping plans shall conform to the
requirements of Village Ordinances) for approval by the Appearance Commission and
2072490
8
V
the Corporate Authorities before commencing construction of buildings. Lighting
and signage shall be compatible with surrounding areas. Phases not under con-
struction or completed shall be maintained in a neat and orderly fashion as
determined by the Village Manager.
17. 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 association and/or the owners of the units both
as defined and provided within the Declaration, and further shall have the right,
upon thirty (30) days prior written notice (except in case of emergency) specify-
ing 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 association or the
owners. The Village shall also have the right to charge or place a lien upon the
Property for the repayment of such costs and expenses, including reasonable
attorneys' fees in enforcing such obligations. The Declaration shall further
provide that this provision may not be amended without the prior approval of the
Village. The Declaration shall also provide that the Association shall own and
shall provide maintenance of the private lake and the shoreline thereof depicted
on EXHIBITS D, E, AND E-1. Such obligation to provide maintenance shall include
preservation of the final design engineering and landscaping of the private lake.
18. Project Models. The Village agrees to permit the Developer to con-
struct and maintain one (1) model area on the Property, consisting of a maximum
of four (4) buildings together with suitable off-street parking areas, all
subject to Appearance Commission approval. Such construction shall be in compli-
ance with the provisions of the Village's Building Code in existence at the time
of building permit issuance. Further, the Developer may utilize models only as a
2072490 '
project office for the marketing of portions of the Property. Such use shall be
discontinued when the project contemplated herein has been fully and finally
completed.
19. Rip ht of Way Dedication. The Developer acknowledges that it is the
intention of the Village and other involved agencies that at some time in the
future Aptakisic Road will be widened. At the request of the Village, but no
later than upon approval of the Final Plat of Subdivision, the Developer agrees
to dedicate such additional right-of-way along Aptakisic Road as may be required
to permit the widening of the right-of-way to 65 feet from the center line.
20. Park District Donations. Developer agrees to comply with the pro-
visions of Title 19 of the Buffalo Grove Municipal Code as amended from time to
time regarding park donations. Developer agrees that it will make contributions
of 28. 17 acres, as depicted in Exhibit F, to the Village for conveyance to the
Buffalo Grove Park District according to the criteria of said Title as depicted
in EXHIBIT F, exclusive of such territory as may be included in the private lake
as shown on EXHIBIT F. It is further agreed that the Developer will complete and
improve the park lands in conformance with EXHIBIT F. Said improvements shall be
undertaken in conjunction with the first phase of production housing for the
Property.
21. School District Donations. Developer agrees to comply with the pro-
visions of Title 19 of the Buffalo Grove Municipal Code as amended from time to
time regarding school donations. Developer agrees that it will make contribu-
tions of cash to the Village for conveyance to School Districts No.96 and No. 125
according to the criteria of said Title.
22. Annexation to the Buffalo Grove Park District. The Developer agrees,
at the request of the Buffalo Grove Park District, to annex any part or all of
the subject Property to said Park District.
10 2672496
23. Facilitation of Development. Time is of the essence of this Agreement,
and all parties will make every reasonable effort to expedite the subject matters
hereof. It is further understood and agreed that the successful consummation of
this Agreement and the development of the Property in the best interests of all
the parties requires their continued cooperation. The Developer does hereby
evidence his intention to fully comply with all Village requirements, his will-
ingness to discuss any matters of mutual interest that may arise, and his will-
ingness 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.
24. Enforceability of the Agreement. This Agreement shall be enforceable
in any court of competent jurisdiction by any of the parties or assignee of the
Developer or by an appropriate action at law or in equity to secure the perfor-
mance 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.
25. Term of Agreement. This Agreement will be binding on all parties for a
term of twenty (20) years from the date of the execution of this Agreement by the
Village. This Agreement shall not be assigned without prior written consent of
t
the Village.
26. Binding Effect of Agreement. This Agreement shall be binding upon the
Property and the parties hereto, their respective successors and assigns.
27. Corporate Capacities. The parties acknowledge and agree that the
individuals that are member 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.
11 26`72490
16,
28. 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. Upon sale or
assignment of the Property to Developer and Developer's assignee, notices shall
be sent as directed by Developer.
If to Owner: Richard Glauner
16802 Aptakisic Road
Prairie View, IL 60069
Copy to: Joel Friedman, Esq.
Richman, Grossman & Friedman
55 E. Jackson Boulevard
Suite 2000
Chicago, IL 60606
If to Developer: Edward Zale
Zale Groves, Inc.
100 Lexington Drive
Suite 100
Buffalo Grove, IL 60089
Copy to: James S. Gordon, Esq.
Attorney at Law
140 S. Dearborn Street, Suite 404
Chicago, IL 60603
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Bloche' , French & Raysa ;
1140 Lake Street
Suite 400
Oak Park, IL 60301
29. Default.
A. In the event Owner or Developer defaults, in his performance of
his obligations set forth in this Agreement, then the Village, may, upon notice
to Developer allow Developer sixty (60) days to cure default or provide evidence
to the Village that such default will be cured in a timely manner if it cannot be
2672490
12 12 .
cured during said period. If Developer fails to cure such default or provide
such evidence as provided above, then, with notice to Developer, the Village may
begin proceedings to disconnect from the Village any portion of the Property upon
which development has not been completed or at the option of the Village, in the
event that the default is material, to rezone such Property to the R-E District.
In such event, this Agreement shall be considered to be the petition of the Owner
to disconnect such portion of the Property, or at the option of the Village to
rezone such Property to the R-E District.
B. In addition to sub-paragraph A. hereof, it is recognized by the
parties hereto that there are obligations and commitments set forth herein which
are to be performed and provided for by the Developer not by the Owner. The
Village agrees that the Owner as such is exculpated from any personal liability
or obligation to perform the commitments and obligations set forth herein except
Paragraph 9, solely concerning the conveyance of easements and Paragraph 30.A
concerning litigation, and that the Village will look solely to the Developer for
such performance, except that to the extent that the Owner or successor thereto
shall become a developer or shall designate or contract with a developer other
than Zale Groves, Inc. then in that case, the Owner or the new designee shall be
subject to the liabilities, commitments and obligations of this Agreement.
30. Litigation
A. The Developer, at its cost, shall be responsible for any litigation
which may arise relating to the annexation, zoning or development of the
Property. Developer shall cooperate with the Village in said litigation but
Developer's counsel will have principal responsibility for such litigation.
B. The Developer shall reimburse the Village for reasonable attorney's
fees, expenses and costs incurred by the Village resulting from litigation
relating to the annexation, zoning or development of the Property or in the
13 26T2400
4, .
enforcement of any of the terms of this Annexation Agreement upon a default by
the Developer.
C. Developer hereby indemnifies and holds the Village harmless from
any actions or causes of action which may arise as a result of deveopment
activities for which the Developer is responsible. This indemnity shall
terminate upon the issuance by the Village of the final certificate of occupancy
at the completion of the development.
31. Special Conditions.
A. The following variation to the Village's Development Ordinance and
Floodplain Ordinance are hereby granted:
DEVELOPMENT ORDINANCE
1. Section 16.30.050.A.4. - to allow a cul-de-sac street length
of 1,090 feet;
2. Section 16. 50.040.C.4. - to allow a minimum, pond bottom
elevation of 8 feet;
3. Section 16.50.040.C.4. - to allow the use of Enkamat erosion
control matting as a pond side slope treatment;
4. Section 16. 50.030.D. 17.b.iii - to not provide an underdrain
under Aptakisic Creek;
5. Section 16. 50. 130.B.2. - to not meet the minimum slope
requirement for land grading in the open space/detention area.
FLOODPLAIN ORDINANCE
6. Section 18. 12.070.d. - to allow development work within 100
feet of the centerline of Aptakisic Creek;
B. The Owner will sign and execute all amendments to the
Fiore/Zale/Glauner Annexation Agreement, dated March 3, 1986.
2672490
14
C. It is understood that the development proposal for the subdivision
and open space is subject to the approval of the U.S. Army Corps of Engineers and
no construction shall proceed without securing said approval.
D. Aptakisic Road - The following improvements are to be installed at
Developer's expense:
1. The local share of traffic signalization at Buffalo Grove and
Aptakisic Roads. Said contribution is to be made at the time of final plat
approval; and
2. The widening and improvement providing for a left-turn lane
and right-turn lane on Aptakisic Road at the intersection of Buffalo Grove Road
and Aptakisic Road. This improvement shall be coordinated with the Woodlands at
Fiore and the Village's improvement at the intersection.
E. Developer shall contribute $20,000 as a portion of the local share
of traffic signalization at Brandywyn Lane and Aptakisic Road. Said contribution
is to be made at the time of final plat approval.
F. Woodlands at Fiore - Unit 11 Resubdivision - The Developer and
Village will work to resubdivide the land bast and north of the subject Property
known as Woodlands to comply substantially with EXHIBIT D. Resubdivision and
amendment of the Planned Unit Development Ordinance shall occur not later than
the first phase of production housing on the Property, and upon submission of the
required documents. .
G. Road access to the parking lot on the Open Space/Active Park area
as shown on EXHIBIT F shall be at least 660 feet from the centerline of Buffalo
Grove Road (extended) and Aptakisic Road.
H. Draintiles along Buffalo Grove Road as extended shall be repaired
or modified as needed to prevent flooding on adjacent properties.
15
I. The Village may require a special engineering consultant to assist
in the inspection of the earthwork and lake construction. Developer agrees to
reimburse the Village for these engineering costs when incurred.
J. The current owners shall have the option to disconnect the entire
property by serving written notice to the Village, solely in the event that the
named Developer herein fails to purchase the subject property pursuant to this
Purchase Agreement by May 7, 1988. Said option shall be exercised, if at all, by
June 7, 1988.
IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this
instrument to be executed by their respective proper officials duly authorized to
execute the same on the day and the year first above written.
VILLAGE OF BUFFALO GROVE
RR NA L. CLAYTON, Village P sident
ATTEST;�rf r
V . Clerk —...
,. = OWNER
j.
`Pa Z DL NURSERY, an Illinois General
rtnership
ATTEST:
L'A)a
DEVELOPER
ZALE GROV S, Cs'
ATTEST:
tJ�c,t Cu-sv\
2672490
16 ,� l
OWNER OF RECORD
American National Bank & Trust
Company of Chicago as Trustee
under Trust Agreement dated
October 14 , 1987 and known as
Trust No. 102149 06
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