1984-038 ORDINANCE NO. 84- 38
AN ORDINANCE APPROVING ANNEXATION AGREEMENT
(CORPORATE GROVE)
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.
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
ABSENT: 0 - None
PASSED: May 7 , 1984
APPROVED: Ma 7 , 1984
APP
Village resident Pro Tem
Y�
A�TEST: '
. y Ste`
Village Clerk
22840'76
CORPORATE GROVE
ANNEXATION AGREEMENT
TABLE OF CONTENTS
Section PP—�
I. Applicable Law. 3
2. A reement: Com liance and Validit 3
3. Enactment of Annexation Ordinance. 4
4. Enactment of Zoning Ordinance and 4
Execution of the Plat of Subdivision.
5. A royal of P1ans. 4
6. Compliance with Applicable Ordinances. 6
7. Amendment of Plan. 6
8. Building Permit Fees. 7
9. Water Provisions. 7
10. Storm and SanitarySewer Provisions. 8
11. Drainage Provisions. 9
12. Purchaser's Reca ture of UtilityCosts. 9
13. Security for Public Site Im rovements. 10
14. Exhibits. 12
15. Buildin , Landsca in and Aesthetics Plans. 13
16. Declaration of Protective Covenants. 13
17. Road Im rovements and Right of Way Dedications. 14
18. Annexation to the Buffalo Grove Park District. 16
19. Facilitation of Development. 16
20. Enforceability of the A ,reement. 16
21. Term of Agreement. 17
22 Bindina of Effect_of
p P. _ iesreement. 17
23. Cor orate Ca acit' 17
24. Notices. 17
25. Default. 18
26. Exculpation of Owners and Annexation Contingency. 18
27. Disconnection Ri hts. 19
28. Signs. 19
29. Special Conditions. 20
30. Trustee's Exculpation. 23
CORPORATE GROVE
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and
entered into this 10- day of /1,?a�/ ,1984, 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 AMERICAN
NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually, but solely as
Trustee under Trust Agreement dated December 30, 1982, and known as Trust No.
56658 (said Trust, its successors and assigns are hereinafter referred to as
"Purchaser") , and GLENVIEW STATE BANK (hereinafter referred to as "Glenview")
and JAMES G. COCONAS and LORENE E. COCONAS (hereinafter collectively referred
to as "Coconas"; Coconas and Glenview are hereinafter collectively referred
to as the "Owners") .
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, GLENVIEW STATE BANK, is the owner of record of the land legally
described as "Parcel "A" in the Petition for Annexation attached hereto and
made part hereof as EXHIBIT A, (hereinafter sometimes referred to as Parcel
A) , comprising 189 acres more or less and Parcel A is contiguous to Parcel B
described below; and
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WHEREAS, JAMES G. COCONAS and LORENE E. COCONAS are the owners of record
of land legally described as "Parcel B" on EXHIBIT A attached hereto and made
part hereof (hereinafter sometimes referred to as Parcel B) , comprising 0.642
acres, more or less and the easterly boundary of Parcel B is contiguous to
the westerly boundary of Parcel A and the westerly boundary of Parcel B is
contiguous to the corporate limits of the Village; and
WHEREAS, the Owners wish to annex the tract of land consisting of Parcel
A and Parcel B (hereinafter referred to as the "Property") to the Village;
and
WHEREAS, Owners and Purchaser desire and propose, pursuant to the
provisions and regulations applicable to the I (Industrial) District of the
Village Zoning Ordinance, to develop the Property in accordance with and
pursuant to a certain Final Engineering Plan (hereinafter the "Final
Engineering Plan") prepared by Donald Manhard Associates, Inc, and dated
December 23, 1983, (latest revision date February 9, 1984) and also a Final
Plat of Subdivision (hereinafter the "Plat of Subdivision") prepared by the
Blackledge Group, Ltd. and dated as last revised March 20, 1984,
(hereinafter jointly referred to as the "Development Plan") , a copy of which
Development Plan is attached hereto as EXHIBIT D and EXHIBIT E and
incorporated herein, and subject to all other exhibits attached hereto or
incorporated by reference herein; and
WHEREAS, pursuant to .the provisions of Section 11-15,1-1 et. seq. , of
the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1981) and
the Village's Home Rule powers, 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
notice as provided by Statute; and
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WHEREAS, pursuant to due notice and advertisement in the manner provided
by law, the Plan Commission of the Village has held such public hearings
prescribed by law and has made its recommendations with respect to the
requested zoning classification of I (Industrial) District and the
Development Plan; and
WHEREAS, the President and Board of Trustees, after due and careful
consideration, have concluded that the annexation of the Property to the
Village and its zoning and development on the terms and conditions herein set
forth would further enable the Village to control the development of the area
and would serve the best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties 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 1981) and the Village's
Home Rule powers. The preceding whereas clauses are hereby made a part of
this Agreement.
2. Agreement: Compliance and Validity. The Purchaser and the
Owners have filed with the Village Clerk of the Village a proper petition
(EXHIBIT A hereto) pursuant to and in accordance with provisions of Section
7-1-8 of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes
1981), conditioned on the execution of this -Agreement and 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, void and of no
force and effect unless the Property is validly annexed to the Village and is
validly zoned and classified in the I (Industrial) District, all as
contemplated in this Agreement.
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3. Enactment of Annexation Ordinance. The Corporate Authorities will
enact a valid and binding ordinance (hereinafter referred to as the
"Annexation Ordinance") annexing the Property to the Village within
twenty-one (21) days of the execution of this Agreement by the Village. Said
Annexation Ordinance and Annexation Agreement 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 the Annexation Ordinance.
4. Enactment of Zonin , Ordinance and Execution of the Plat of
Subdivision. Within twenty-one (21) days after the passage of the
Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid
and binding ordinance, zoning the Property in the I (Industrial) 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 Final Engineering Plan and the Plat of Subdivision.
The Corporate Authorities shall validly execute the Plat of Subdivision no
later than twenty-one'. (21) days after the passage of the Annexation
Ordinance. The Village agrees to allow farming as a permitted use on
portions of the Property not under construction.
5. Approval of Plans. The Corporate Authorities hereby approve the
Development Plan (EXHIBITS D & E) pursuant to the provisions of this
Agreement and the Development Ordinance as modified by this Agreement. It is
the parties intent that the Plat of Subdivision hereby approved shall be
recorded by the Village immediately after its execution by the Corporate
Authorities and that no bond, fee, or approval shall be required from the
Village prior to such recording. Purchaser agrees that although the Property
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is subdivided, the Village shall be under no obligation to issue building
permits for a structure to be erected on the Property unless and until the
portion of the Property for which the permit is requested is within an
approved Construction Phase as that term is hereinafter defined. The
Purchaser may, any time after recording of the Plat of Subdivision, submit to
the Village the required materials for the issuance of appropriate building
and other permits on a portion of the Property (hereinafter referred to as a
"Construction Phase") . Said submission shall be based on the Final
Engineering Plan for the development of the Property as submitted by the
Purchaser, and shall:
A. conform to the Development Plan (EXHIBITS D & E); and
B. conform to the terms of this Agreement and all applicable Village
Ordinances as amended from time to time except as set forth in
paragraph 6; and
C. conform to the form of the Development Improvement Agreement
(EXHIBIT C); and
D. be for an area not less than fifteen (15) acres.
For purposes of Phis Agreement and the development of the Property,
Purchaser's submission of the following documents shall be conclusively
deemed to be all documents required for Village approval of a Construction
Phase:
(i) A depiction of.-the boundary of the Construction Phase;
(ii) Cost Estimate of on-site public and private improvements and
Off-site public and private improvements directly serving the
Construction Phase;
(iii) A bond or other security for the public improvements set forth
in (ii) above.
(iv) All fees required pursuant to the Development Ordinance and
the Development Improvement Agreement (EXHIBIT C) as modified
by paragraph 8 hereof.
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The Village agrees that specific development plans submitted for an
individual lot or lots will not require additional review by the Plan
Commission or Corporate Authorities.
6. Com liance with A licable Ordinances. The Purchaser agrees to
comply with all current ordinances of the Village of Buffalo Grove as
modified by this Agreement in the development of the Property. It is agreed
that the Purchaser will not be required to comply with any amendments to
development related Village ordinances for a period of three (3) years from
the date of this Agreement. For purposes of this paragraph 6, development
related ordinances shall be deemed to include but not be limited to municipal
ordinances affecting or regulating zoning, fencing and building, and plumbing
ordinances, codes and regulations. After three years any such amendment
shall apply to the Property if it applies to all properties within the
Village in a consistent and non-discriminatory manner.
7. Amendment of Plan. If the Purchaser desires to make changes in the
Development Plan, as herein approved, the parties agree that such changes in
the Development Plan will require, if the Village so determines, the
submission of amended. plats or plans, together with proper supporting
documentation, to the Plan Commission and/or the Corporate Authorities for
their consideration and approval. 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 Development Plan.
The Village Manager is hereby authorized to approve such minor changes as he
deems appropriate without the approval of the Plan Commission or Corporate
Authorities.
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8. Buildin, Permit Fees. The building permit fees for the Property
shall not be increased by more than the percentage increase in the Consumer
Price Index for the Chicago Metropolitan Area (January, 1984 base year) for a
period of five (5) years from the date of this Agreement. All such fees,
unless limited by the provisions of this paragraph, shall be applied
consistently to all similar users within the Village. In the event a
conflict arises between the Purchaser 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.
9. Water Provisions. The Purchaser shall be permitted and agrees to
tap on to the Village water system at points shown on EXHIBIT D. The
Purchaser further agrees to pay to the Village such fees as may be required
by applicable Village Ordinances at the time of the issuance of the water
permits except that permit fees shall not be increased by more than the
percentage increase in the Consumer Price Index for the Chicago Metropolitan
Area (January, 1984 base year) for a period of five (5) years from the date
of this Agreement. However, this limitation on fee increases does not apply
to fees which are charged by other agencies which cannot be controlled by the
Village. All such fees, unless limited by the provisions of this paragraph,
shall be applied consistently to all similar users within the Village.
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 Development Plan. Watermains serving the
Property and those approved as part of the development, shall be installed by
the Purchaser (except as noted below) and, except for service connections to
the buildings shall, upon installation and acceptance by the Village through
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formal acceptance action by the Corporate Authorities, be dedicated to the
Village and become a part of the Village water system maintained by the
Village. The Village agrees to complete a looped watermain system to the
southeast corner of the Property on Illinois Route 21 to coincide and connect
with the Busch Parkway watermain being installed by the Purchaser within
twelve (12) months after annexation of the Property and said system shall be
compatible with the on-site water system depicted on EXHIBIT D. Should
easements not be acquired during this time period, the Village shall be
allowed appropriate time extensions to complete the project.
10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to provide sewer service to
the Property and to cooperate with the Purchaser and to use their best
efforts (including litigation) to aid Purchaser in obtaining such permits
from governmental agencies having jurisdiction as may be necessary to
authorize connection from the proposed development to a Lake County Public
Works Department facility for the collection of sewage. The Purchaser shall
construct on-site and off-site sanitary sewers as may be necessary to service
the Property, as per EXHIBIT D. 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 Purchaser 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 and except that
permit fees shall not be increased by more than the percentage increase in
the Consumer Price Index for the Chicago Metropolitan Area (January, 1984
base year) for a period of five (5) years from the date of this Agreement.
However, this does not apply to fees which are charged by other agencies
which cannot be controlled by the Village.
8 228407s
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B. The Purchaser shall also construct on the Property any storm
sewers which may be necessary to service the Property, as per EXHIBIT D.
Upon installation and acceptance action by the Corporate Authorities, the
Corporate Authorities agree to operate and maintain that portion of the storm
sewer system which serves public streets, or multiple properties, and the
Purchaser agrees to operate and maintain that portion cf the storm sewer
system located on the Property and not dedicated until such time as said
obligations are assigned to an owner's association, and Purchaser shall
record a covenant to that effect within thirty (30) days of the recording of
the Plat of Subdivision. The Village agrees to maintain that portion of the
storm sewer system located in public rights of way (after acceptance) or
located off the Property. The approval of the drainage plan submitted by the
Purchaser is further subject to the approval of the Illinois Department of
Transportation and the U.S. Army Corps of Engineers. The Corporate
Authorities agree to aid Purchaser in obtaining such permits as may be
necessary from the Illinois Department of Transportation in order to
implement said drainage plan.
11. Drainage Provisions. The Village Engineer may disapprove any
building site plan not in compliance with the approved drainage plan and if
it does not comply with good engineering practices.
12. Purchaser's Recapture of Utility Costs. It is further understood
and agreed that a portion of -the sanitary sewers, storm sewers, and/or
watermains to be constructed and installed by the Purchaser pursuant to the
Final Engineering Plan (hereinafter referred to as "Purchaser's
Improvements") were required by the Village to be so located and/or oversized
as to benefit neighboring properties not owned by the Purchaser, thus making
such utility service available thereto. The Corporate Authorities agree to
adopt ordinances in the form attached hereto as EXHIBITS F-1 and F-2 and
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take such other action as may be necessary to permit the Purchaser to
recapture from all neighboring property owners as may be benefitted by the
Purchaser's Improvements, that portion of the actual costs of oversizing the
construction and installation of Purchaser's Improvements, in such
proportionate amounts from such neighboring property owners as may be so
benefitted by Purchaser's oversizing of said utilities and extension of the
utilities off-site, as determined by the Village. The cost of construction
of the Purchaser's off-site sanitary sewers, storm sewers and/or watermains
shall be considered in calculating any recapture. The Village and Purchaser
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 or owners of neighboring properties as appropriate.
The Village shall be entitled to a five percent (5%) fee from any
amounts hereby recaptured as and for its collection efforts.
13. Securit for Public Site Im rovements.
Security for public site
improvements benefitting a Construction Phase shall be provided at the time
the Construction Phase'..is submitted and shall be in accordance with this
Agreement, the Development Ordinance as modified by this Agreement, and the
Development Improvement Agreement (EXHIBIT C) as modified by this Agreement
and 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 Village Attorney. This 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
Z2S40 7(;
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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 improvements secured by the
letter of credit. Notwithstanding any provision of the Development
Improvement Agreement or the Village's Development Ordinance, the Village
will reduce the balance of the letter of credit or other security at periodic
intervals of not less than thirty (30) days and in aggregate amounts of not
less than $100,000.00 on the following terms and conditions:
A. The security for any completed section of sanitary sewers or storm
sewers on which the required infiltration testing and the
"Televising" has been completed and approved by the Village
Engineer shall be reduced to a 15Z retention.
B. The security for any completed section of water main on which the
required pressure testing, chlorination and bacteriological testing
has been completed and approved by the Village Engineer and on
which an IEPA operating permit has been issued shall be reduced to
a 15% retention.
C. The security for any completed section of street lighting which is
tested and approved by the Village Engineer shall be reduced to a
15% retention.
D. The security for mass site grading in a given area (including
excavation and filling of individual lots, ditches, swales,
detention areas and lakes) shall be reduced to a 15% retention upon
completion to the lines and grades shown on the approved
Engineering Plans, after disturbed areas have been seeded or sodded
to prevent soil erosion, and after fill areas have been compacted
and approved by the Village Engineer within said area.
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E. The security for road excavation, gravel base course, and asphalt
binder course for any given section of road shall be reduced to a
50% retention upon completion of all of the above work to the
satisfaction of the Village Engineer and completion of the
compaction testing of the subgrade, Dynaflect testing, and proof
rolling of the roadway in said section. The remaining security for
said section shall be reduced to a 15% retention upon completion of
the Dynaflect testing and approval of the Village Engineer.
Security for private site improvements shall be waived for the first
Construction Phase and the Village shall continue to waive this provision if
satisfactory performance is observed by the Village. The determination of
this shall be in the sole discretion of the Village.
14. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Purchaser or the witnesses during the hearing held
before the Plan Commission and the Corporate Authorities prior to the
execution of this Agreement, are hereby incorporated by reference herein,
made a part hereof and designated as shown below. This Agreement, upon
execution by the parties together with copies of all EXHIBITS, shall be kept
on file with the Village Clerk and be available for inspection to the parties
hereto.
EXHIBIT A Petition for Annexation of Property
EXHIBIT B Plat of Annexation
EXHIBIT C Development Improvement Agreement
EXHIBIT D Final Engineering Plan
EXHIBIT E Final Plat of Subdivision
EXHIBIT F-1, Recapture Ordinances
and F-2
EXHIBIT G Conceptual Landscaping Plan
EXHIBIT H Corporate Grove Signage Concept
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15. Buildin , LandscapinS and Aesthetics Plans. Purchaser will submit
building and landscaping plans (which landscaping plans shall conform to the
requirements of Village Ordinances as amended by this Agreement) for approval
by the Appearance Commission and the Corporate Authorities before commencing
construction of buildings. Lighting and signage shall be compatible within
the Property. Portions of the Property not under construction, completed or
being farmed shall be maintained in a reasonably neat and orderly fashion as
determined by the Village Manager.
16. Declaration of Protective Covenants. Purchaser shall record
against the Property a declaration of protective covenants, conditions, and
restrictions which shall include provisions which grant the Village the
right, but not the obligation, to enforce covenants or obligations of the
owners or owners association as defined and provided within the declaration
of protective covenants, and further shall grant the Village the right, upon
thirty (30) days prior written notice specifying the nature of the 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 owner or owners
thereof. The Village 'shall also have the right to charge or place a lien
upon the property of the owner's association for the repayment of such costs
and expenses, including reasonable attorneys' fees incurred in enforcing such
obligations. The declaration shall further provide that these provisions may
not be amended without- the approval. of..-the Village— Prior, to recording, the
finalized declaration of protective covenants shall be submitted to the
Corporate Authorities for their approval. Said declaration shall include,
but not by way of limitation, the following covenants and obligations: a) to
maintain lakes and drainage system pursuant to Village ordinances and in a
neat and orderly manner so as not to cause standing water, conditions of
13 2284076
excess sogginess, erosion, odor or other items determined by the Village
Engineer or Health Officer to be detrimental to the area; b) to maintain the
parkway area in Busch Parkway at Milwaukee Avenue; and c) to maintain the
railroad spur crossing over Corporate Grove Drive.
17. Road Improvements and Ri ,ht of Way Dedications.
A. The Purchaser acknowledges that right of way dedications on
Busch Parkway, Barclay Boulevard, and Corporate Grove Drive between Lots 36
and 37, shall be a minimum of 80 feet wide. Pavement width on Busch Parkway
and Barclay Boulevard will be constructed as 39 feet from back of curb to
back of curb. However, Barclay Boulevard south of Busch Parkway will not be
constructed prior to the last Construction Phase unless Purchaser chooses to
do so or it is required by the Village to connect to an existing or bonded
southerly road extension.
B. Pavement width on Corporate Grove Drive shall be 37 feet from
back of curb to back of curb with a 60 foot right of way.
C. The Purchaser shall bond for the construction of Corporate
Grove Drive between Lots 36 and 37 as a 39 foot street from back of curb to
back of curb for a period of five (5) years from the date of the Construction
Phase within which it is located. If no extension of this street to the
adjacent southerly parcel is required to connect to an existing or bonded
southerly road extension within this time period, the Purchaser shall be
released from any obligation to construct said .street and the bond shall be
returned.
D. Purchaser agrees to dedicate fifteen (15) foot easements to
the Village on both sides of the right of way of Corporate Grove Drive
between Lots 36 and 37 and on both sides of Busch Parkway between Corporate
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Grove Drive and the railroad right of way and on the north side of Busch
Parkway west of the railroad right of way. Said easements may be used by the
Village for any purpose other than street pavement.
E. The Purchaser agrees to dedicate any right of way required by
the Illinois Department of Transportation along Milwaukee Avenue. Setbacks
along Milwaukee Avenue shall be a minimum of 100 feet.
F. A ten (10) foot easement along Aptakisic Creek shall be
granted to the Village by the Purchaser for bicycle path purposes.
G. The Village agrees to petition the Illinois Commerce
Commission (ICC) for approval of the Busch Parkway crossing at the Soo Line
Railroad tracks. Purchaser agrees to pay all expenses incurred by the
Village in seeking said approval.
H. If ICC approval is granted, the Purchaser shall cause to be
constructed and shall pay for the local share of a rubberized rail crossing,
signals and gates over the tracks and a surface on Busch Parkway which at a
minimum will allow emergency vehicles to drive over the tracks and have full
access into the eastern portion of the development. This should all be
accomplished within twelve (12) months of ICC approval.
I. If ICC approval is granted, the Purchaser shall begin
construction of the complete Busch Parkway road improvement to the west
property line no later than upon the commencement of the Construction Phase
within which it is located or the completion of Busch Parkway from the west
Property line to Weiland Road, whichever is sooner.
J. Pursuant to EXHIBIT D, it is understood that the Purchaser
intends to construct a rail spur track crossing over Corporate Grove Drive.
The Village shall not withhold a permit for said crossing as long as the
design is approved by the Village Engineer.
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K. The Purchaser shall be responsible for paying the Village's
share of a traffic signal at the intersection of Busch Parkway and Milwaukee
Avenue once appropriate warrants are met. The Village shall cooperate in
obtaining any necessary permits. It is understood that the Purchaser is not
responsible for maintenance of said traffic signal.
L. The Purchaser shall be responsible for the construction of
turn bay improvements on Milwaukee Avenue as recommended in the October 10,
1983 Traffic Study by Paul C. Box and Associates or as otherwise approved by
IDOT.
18. Annexation to the Buffalo Grove Park District. The Purchaser agrees,
at the request of the Buffalo Grove Park District, to annex any part or all
of the Property to said Park District. It is understood that there are no
fees or donations associated with this annexation.
19. 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 Purchaser does hereby evidence its intention to fully
comply with all Village requirements, its willingness to discuss any matters
of mutual interest that may arise, and its 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.
20. Enforceability of the A xeement. This Agreement shall be
enforceable in any court of competent jurisdiction by any of the parties or
16 Z2840'76
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by an appropriate action at law or in equity to secure the performance of the
covenants herein described. If any provision of this Agreement is held
invalid, such provisions shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the provisions contained herein.
21. 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. If for any reason the term of this Agreement shall
be held invalid, the term shall be deemed to be the maximum term then
permitted by law, but in no event greater than twenty (20) years. This
Agreement shall not be assigned without prior notice to the Village and upon
said Assignment and acceptance by a purchaser, Purchaser shall have no
further obligations hereunder.
22. Binding Effect of A reement. This Agreement shall be binding upon
the parties hereto, their respective successors and assigns.
23. Corporate Capacities The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate
Authorities are entering into this Agreement in their official capacities as
members of such group and shall have no personal liability in their
individual capacities.
24. Notices. Any notice required pursuant to the provisions of this
Agreement shall be in writing and be sent by certified mail to the following
addresses until notice of change of address is, given and shall be deemed
received on the fifth business day following deposit in the U.S. Mail.
If the Purchaser: American National Bank and Trust Company
of Chicago Trust No. 56658
C/o Robert G. Lamphere
Van Vlissingen & Company
300 Knightsbridge Parkway
Lincolnshire Corporate Center
Lincolnshire, Illinois 60069 Z28407(;
17
1°1
Copy to: Donald L. Asher, Esq.
134 N. LaSalle Street
Suite 1900
Chicago, Illinois 60602
Gerard Kenny
250 North Gate Parkway
Wheeling, Illinois 60090
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60090
Copy to: William G. Raysa
Bloche' , French & Raysa
1011 Lake Street
Oak Park, IL 60301
25. Default. In the event Purchaser defaults in his performance of his
obligations set forth in this Agreement, then the Village, shall upon notice
to Purchaser, allow Purchaser sixty (60) days to cure the default or provide
evidence to the Village that such default will be cured in a timely manner if
it cannot be cured during said period.
26. Excul ation of Owners and Annexation Contingenc It is recognized
that the Owners have entered into this Agreement solely as the owners of
record of the Property and for no other reason and that all obligations and
commitments set forth herein are to be performed and provided for by the
Purchaser and not by the Owners. The Village agrees that the Owners as such
are exculpated from any personal liability or obligation to perform the
commitments, obligations and agreements set forth herein and that the Village
will look solely to the Purchaser for such performance. Notwithstanding the
above, it hereby understood and agreed that this Agreement is a covenant
running with the land and is binding thereon.
2284076
1S
27. Disconnection Ri hts. Any other provision of this Agreement
notwithstanding including without limitation the provisions of Paragraph 10
hereof, in the event Purchaser does not obtain, within six (6) months after
the date of this Agreement, Lake County's approval of Purchaser's application
to the Illinois Environmental Protection Agency requesting permission to
connect the sewer system serving the Property to the Lake County sewage
treatment system, then and in such event Glenview or Purchaser may notify the
Village within sixty (60) days after the expiration of such six-month period
that the annexation of the Property to the Village is null and void. Upon
receipt of such advice, the disconnection of the Property from the Village
shall be automatic, and this Agreement and all ordinances adopted with
respect to the annexation shall likewise be null and void. Upon request by
Glenview, the Village shall, without notice, adopt such ordinances or execute
such documents reasonably required by Glenview in order to confirm the
automatic disconnection of the Property from the Village.
28. Signs. The parties recognize the unique nature of the proposed
development, and the need for the Purchaser and subsequent purchasers of the
Property to design and install signage representative of the proposed
development, the types of facilities located thereon and the community
generally. Accordingly, the Village and Purchaser agree that the Village's
Sign Ordinance and all subsequent amendments thereto shall not apply to the
Property except as provided in EXHIBIT H referenced below, and that for the
first Construction Phase of the Property all signs must be reviewed and
Z;Z840 ` 6
19
a�`
approved by the Village Manager in lieu of the Village's Sign Code and
Appearance Commission review. The sign code shall be replaced by "The
Corporate Grove Signage Concept" (EXHIBIT H) . This procedure shall continue
in subsequent Construction Phases if satisfactory performance is observed by
the Village. The determination of this shall be in the sole discretion of
the Village. If satisfactory performance is not observed by the Village, the
Village and Purchaser agree to develop and approve a mutually acceptable
revised design standard for signage on the Property. Notwithstanding
anything in this paragraph to the contrary, the Village agrees that the
Purchaser shall be permitted to construct an entry-way sign in Busch Parkway,
at Milwaukee Avenue, similar in size, shape, and location to that certain
entry-way sign currently erected at the Lincolnshire Corporate Center, at the
intersection of Milwaukee Avenue and Knightsbridge, in the Village of
Lincolnshire.
29. Special Conditions. Notwithstanding any other term or condition of
this Agreement or Village Ordinances, the Property may be developed with the
following special conditions and variances:
A. ZONING ORDINANCE VARIATIONS.
(Section No. 17.48.020.E)
1. Allow the Property to be subdivided into 20,000 (minimum)
square foot lots with a minimum 50 foot frontage and covenant that no single
site will be less than 40,000 square feet.
(Section 17.48.020.F.6)
2. Owner will not be required to construct a fence or berm
and/or be subject to current Village setback limitations adjacent to any
property except along the westerly most boundary of the Property and then
only if the adjacent property is developed as residential or zoned
20 2284076
a�
residential. The Purchaser shall have the option to utilize existing trees
along the Property's boundaries in lieu of a fence or berm provided the
Village's Appearance Commission approves same.
B. DEVELOPMENT ORDINANCE VARIATION - Procedural items:
(Section No. 16.20. 130.B. and No. 16.40.020.A.))
1. Development improvement guarantees will be submitted with
each Construction Phase and not at time of subdivision. Public improvements
must be completed within two (2) years of approval of each Construction
Phase.
(Section No. 16.20. 130.B. 3)
2. The Village will waive its requirement that improvements
on private property be guaranteed with a bond for the first Construction
Phase in accordance with Paragraph 13.
(Section No. 16.20.060.A.2. )
3. A conceptual grading plan for the entire site is included
in EXHIBIT D. Detailed site grading plans will be provided at time of
building permit application.
C. DEVELOPMENT ORDINANCE, VARIATION - Drainage items:
(Section No. 16.50.040.C.4)
1. The Village will waive its requirements for wet detention
areas (such as 15 foot depth, sides treatment and mechanical aeration) if
they are privately owned and maintained in accordance with. Paragraph 16.
(Section Nos. 16.50.030.D. 17.a. and b.i. and b.ii.)
2. The Village will permit open drainage channels for
conveyance of storm water on private property if privately maintained in
accordance with Paragraph 16. Also it will waive requirements in its
Development Ordinance relating thereto (6: 1 side slopes and an 8 foot minimum
width paved access road adjacent to a channel.)
21 2284076
(Section No. 16.50.040.D. )
3. The Village will waive its requirement that no structure
be built within twenty-five (25) feet of a detention facility and will permit
structures to be built immediately adjacent to a detention facility.
D. DEVELOPMENT ORDINANCE VARIATIONS - Right of Way
(Section No.16.50. 120.I. 1.e)
1. The Village approves the conceptual landscaping plan
(EXHIBIT G) submitted with this Agreement. The Village agrees that trees may
be planted in groups rather than at a uniform spacing in parkways, detention
areas and on individual lots.
(Section No. 16.50. 120.D. 1)
2. Unpaved rights of way areas, detention area banks and
drainage easements may be seeded rather than sodded.
(Section No. 16.50. 100.C)
3. The Village will permit roadway lighting standards to be
located at 600 foot maximum spacing in accordance with the Final Engineering
Plan.
(Section'.No. 16.50.070.D.2)
4. All roadways will be 39 feet wide back to back of curb on
Busch Parkway, Barclay Boulevard and Corporate Grove Drive south of Busch
Parkway. Other streets will be 37 feet back to back of curb. The
right-of-way for Corporate Grove Drive shall be 60 feet wide. No on street
parking will be permitted and necessary signage shall be paid for by the
Purchaser.
(Section No. 16.50.080.A. 1. and No. 16.50.090)
5. The Purchaser will not be required to construct sidewalks
or bike paths on the Property and no dedication or easements for this use
22 228407G
will be required except for a ten (10) foot easement adjacent to the drainage
easement along Aptakisic Creek from north to south.
(Section No. 16.50.080.A. 1.)
6. Purchaser will be permitted to construct berms within
parkway areas of the public rights-of-way provided no berm located over a
watermain, sanitary sewer or storm sewer exceeds a height of three (3) feet
above the curb level.
E. FLOOD PLAIN ORDINANCE VARIATION
1. The Village will permit development in the flood plain in
accordance with the Final Engineering Plan, providing that flood heights and
stream discharges to adjacent properties will not be increased by
development in the flood plain. This is further subject to approvals by the
Illinois Department of Transportation and the U.S. Army Corps of Engineers
and compliance with Section 1910.6(a) of the rules and regulations of the
National Flood Insurance Program.
F. The Purchaser agrees to install bus shelters at locations
recommended by the Corporate Authorities if a public bus route is established
through this subdivision within five (5) years of the date of this Agreement.
30. Trustee s Exculpation. Anything herein to the contrary
'
notwithstanding, each and all of the representations, covenants, undertakings
and agreements herein made on the part of Purchaser, while in form purporting
to be . the representations,- covenants, undertakings and agreements of said
Purchaser, are nevertheless each and every one of them made and intended not
as personal representations, covenants, undertakings and agreements by
Purchaser or for any other purpose or intention other than the limited
purpose of binding only that portion of the trust property specifically
described herein, and this instrument is executed and delivered by said
23 =84076
as
gym,
"GLENVIEW":
GLENVIEW STATE BANK
By
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Its C3. 'lTIVE lk,:C
A test: . ,aa. 4
V.
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25
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Purchaser in this instrument contained, either expressed or implied, all such
personal liability, if any, being expressly waived and released.
IN WITNESS WHEREOF, the Corporate Authorities, the Purchaser
and the Owners 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.
VI OF BUFFALO COVE
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vrj
PURCHASER:
f"j,fr f AMERICAN NATIONAffTrustee
COMPANY OF C
aforesaid
BY
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y
Attest:
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ecretary
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OWNERS OF RECORD:
44'
" CONAS":
1)�James G. Coconas
�f7�kan s
Lorene E. Coconas
2-ti84076
24
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. �b
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE V I LLAGE
OF UFFALO G OVE
THIS DAY OF 19
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook and Lake Counties, I1 inois,
this 4761 ! day of 19
Village Clerk