1993-085 10/27/93
ORDINANCE NO. 93- 85
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
Concord Glen Subdivision, Route 83 north of Pauline Avenue
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 resolution 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 notice of the public hearing on said
Annexation Agreement and Zoning has been given and a public hearing was
held; 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
G rove.
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: 5 — Reid Kahn Rubin Braiman Hendricks
NAYES: 0 - None
ABSENT: 1 — Marienthal
1993 r 1, 1993
November 1, November APPROVED: _.. ..
ATTEST APPR D:�
Inc, 1Z _
Villa-Villa-46 Clerki.'M H 1 5ge Fresident
W .
10/27/93
CONCORD GLEN
Concord Development Corporation
Route 83, north of Pauline Avenue
Annexation Agreement
TABLE OF CONTENTS
1 . Applicable Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. AU reement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. Enactment of Annexation Ordinance. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4. Enactment of Zonin Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 3
5. Approval of Plans. . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
11 . Draina a Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
12. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13. Security for Public and Private Site Improvements. . . . . . . . . . . . . . . . . . 6
14. Ri ht of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
15. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
16. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . . . . . 7
18. Declaration of Covenants, Conditions and Restrictions. . . . . . . . . . . . . . 7
19. Project Models. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
20. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
21 . School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
22. Facilitation of Develo►rwnt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
23. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !�
27. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
29. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
30. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
CONCORD GLEN SUBDIVISION
Illinois Route 83, north of Pauline Avenue
Annexation Agreement
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SUBJECT PROPERTY
10/27/93
CONCORD GLEN
Concord Development Corporation
(Route 83, north of Pauline Avenue)
Annexation Agreement
This agreement (hereinafter referred to as the "Agreement") made and
entered into this 1st day of November, 1993, 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 Mitchell A. Krawczyk and Loretta A.
Krawczyk (hereinafter referred to as "Owner") , and the Concord Development
Company, an Illinois Corporation (hereinafter 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 7.151 acres legally described and
identified in the Legal Description, which is attached hereto as EXHIBIT A,
which exhibit is made a part hereof and which real estate is contiguous to the
corporate limits of the Village; and,
WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B , which
depicts a total area of 7.151 acres to be annexed; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the R-5 One Family Dwelling District of the Village
Zoning Ordinance, with a Residential Planned Unit Development, to develop the
Property in accordance with and pursuant to a certain Preliminary Plan prepared
by JEN Land Design and dated as last revised October 13, 1993 , and also
Preliminary Engineering Plan prepared by Manhard Consulting, Ltd, and elated
as last revised September 8, 1993, (hereinafter jointly referred to as
"Preliminary Plan") a copy of which Preliminary Plan is attached hereto cs
EXHIBITS D, E and E-1 and incorporated herein, anr; _AIbj,'r.t to :III ether
exhibits attached hereto or incorporated by reference herein , ti,Iid c'.ev�lol�m�nt
of property shall consist of 26 single-family detached hoir,t�s.
1
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq. , of
the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) 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 in the R-5 District with a
Residential Planned Unit Development; 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 5/11-15. 1-1 et, seq. , of the Illinois
Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) 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. Agreement: Compliance and Validity. The Owner has riled with the
Village Clerk of the Village a proper petition pursuant to and in accordance with
provisions of Section 5/7-1-8 of the Illinois Municipal Code (Chapter 65 , Illinois
Compiled Statutes 1992) and as the same may have been 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, 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 Tillage
and is validly zoned and classified in the R-5 District with a residential Planned
Unit Development, all as contemplated in this Agreement.
3. Enactment of Annexation Ordinance. The Corporate .^ u, thori,ios within
-
twenty-one (21 ) days of the execution of this Agreement by Lhe Villacle
enact a valid and binding ordinance (hereinafter referred to as the "Annexation
Ordinance") annexing the Property to the Village. Said Annexation Ordinance
2
shall be recorded with the Lake County Recorder's Office along with the Plat of
Annexation (attached hereto as EXHIBIT B) . Recording shall take place no more
than thirty (30) days after enactment of Annexation Ordinance.
4. Enactment of Zoning 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 the Property in the R-5 District
with a Residential Planned Unit Development 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 and E-1 ) and other exhibits attached hereto or incorporated by reference
herein. Standards of the R-5 zoning district shall be in accordance with
Paragraph 30.N. of this Agreement.
5. Approval of Plans. The Corporate Authorities hereby approve the
Preliminary Plan (EXHIBIT D, E and E-1 ) pursuant to the provisions of the
Development Ordinance. The Corporate Authorities agree to approve a
Development Plan (including plats of subdivision) based on final versions of the
plans and drawings of the development of the Property as submitted by the
Owner or Developer provided that the Development Plan shall:
(a) conform to the approved Preliminary Plan, 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 approved Development Improvement Agreement as
amended from time to time.
6. Compliance with Applicable Ordinances. The Owner and
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 discriminatorily applied to the Property but shall be equally
applicable to all property similarly zoned and situated to the extent possible.
Owner and Developer, in the development of the Property, shall comply with tilt_
standards set forth in the Village of Bllffala Grove Development Ordinance is
amended from time to time. Notwithstandinci the foregoing, th � Vill;cre ;hall ncrt
apply new ordinances or regulations to the Property• to the extent that th(2
3
ordinances or regulations will prevent development of the Preliminary Plan
approved herein.
7. Amendment of Plan. If the Owner or Developer desires to make
changes in the Preliminary 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
documentation, to the Plan Commission and/or the Corporate Authorities to
consider such changes to the Preliminary Plan. 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. 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 covered by- buildings.
8. Buildinci 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 Owner or 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. Owner or
Developer shall pay any non-discriminatory new or additional fees hereinafter
charged by the Village to Owner or 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 EXHIBIT E are hereby approved by the
Village. It is understood, however, that changes to the Preliminary Engineering
Plan may be required at the time of Final Engineering. . The Developer further
agrees to pay to the Village such fees in accordance with the applicable Village
Ordinances at the time of the issuance of the water and sewer permits. The
Developer agrees to accept any increase in water rates and tap on fees provided
such rates and fees apply consistently to all other similtir users in the Villa(le to
the extent possible. Following such tap on, the Village agr•t,es to pro\•ide to the
best of its ability and in a non-discriminatory manner water service to all users
on the Property in accordance with the Preliminary Plan . 'Natermains serving
4
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
governmental agencies having jurisdiction as may be necessary to authorize
connection from the proposed development to the Lake County Public Works
Department for the collection of sewage and to the Illinois Department of
Transportation as may be appropriate. The Developer shall construct on-site
and off-site sanitary sewers as may be necessary to service the Property, as per
EXHIBIT E. It is understood, however, that changes to the Preliminary
Engineering Plan may be required at the time of Final Engineering. Upon
installation and acceptance by the Village through formal acceptance action by
the Corporate Authorities, the Corporate Authorities agree to operate and
maintain such systems, except for sanitary sewer service connections. The
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-1 . It is understood, however, that changes to the Preliminary Engineering
Plan may be required at the time of Final Engineering. Upon installation and
acceptance by the Village through formal acceptance action by the Corporate
Authorities, the Corporate Authorities agree to operate and maintain that portion
of the storm sewer system which serves public streets or multiple properties.
11 . Draina. e Provisions. The Developer shall fully comply with any
request of the Village Engineer related to the placement of buildings or lots, to
preserve drainage standards. The Developer shall install any storm servers
and/or inlets which are required to eliminate standing v!ater (-)r conditions of
excess sogginess which may, in the opinion of the Viil,ic;c Engineer, N!
detrimental to the growth and maintenance of lawn grasses.
5
12. Payment of Recapture Fees Owed. The amount of recapture required
to be paid by this Property pursuant to the Agreement for Grant of Easement to
the Village of Buffalo Grove, Illinois dated February 25, 1990 and recorded as
Lake County Document No. 2896951 shall be due and payable to the Village upon
final platting of the first plat of subdivision of any portion of the Property.
13. Security for Public and Private Site Improvements. Security for public
and private site improvements shall be provided in accordance with the
Development 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 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 improvements secured by the letter of credit.
14. Right of Way Dedication. At the request of the Viliage, but no later
than upon approval of the first plat of subdivision of any portion of the
Property,, Owner and Developer agree to dedicate 11 feet of additional
right-of-way along the north side of Illinois Route 83 to achieve a right-of-way
of 51 feet from the center line of said road.
15. 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 dated October 7, 1993
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated October 13, 1993 L>v JEN
Land Design, Inc.
EXHIBIT E Preliminary Engineering Plan (Sheet 1 of ') clated
September 8, 1993 by Manhard C0115Ultinn, Ltd.
6
EXHIBIT E-1 Preliminary Engineering Plan (Sheet 2 of 2) dated
September 8, 1993 by Manhard Consulting, Ltd.
EXHIBIT F Building floor plans and elevations (8 sheets) by
Bloodgood Sharp Buster Architects and Planners,
Inc.
16. Annexation Fee. Developer agrees to pay an annexation fee of $400.00
per dwelling unit which fee shall be payable prorata at issuance of building
permits. This fee, however, shall be paid in full prior to the expiration of this
Agreement.
17. p
Burldin 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 the Corporate Authorities before commencing construction of buildings.
Lighting and signage shall be compatible with surrounding areas as approved by
the Appearance Commission. Phases not under construction or completed shall
be maintained in a neat and orderly fashion as determined by the Village
Manager.
18. Declaration of Covenants, The Property
Conditions and Restrictions.
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 Owner, Developer or association and/or owners of
the units of the Property as defined and provided within the Declaration, and
further shall have the right, upon thirty (30) days prior written notice
specifying the nature of a default, to enter upon the Property and cure such
default, or cause the same to be cured at the cost and expense of the Owner,
Developer or association of the Property. The Village shall also have the right
to charge or place a lien upon—the Property for repayment of such costs and
expenses, including reasonable attorneys' fees in enforcing such obligations.
The Declaration shall include, but not by way of limitation, covenants and
obligations to own and maintain: (a) the stormwater detention facility and
drainage system depicted on EXHIBITS D and E-1 ; (b) D- ny other common areas,
including the landscape buffer area along Route 33; and the sidowiflk
pursuant to Paragraph 30.kl. of this Agreement.
The provisions of Paragraph 30.J . of this Agreement :hall he man e a I.art
of the Declaration.
7
The Declaration shall also provide that the Property shall be used and
developed in accordance with Village ordinances, codes and regulations applicable
thereto, including ordinance(s) enacted pursuant to this Agreement. The
Declaration shall be submitted to the Village for review and approval, and shall
further provide that the provisions relative to the requirements in this
Paragraph 18 may not be amended without the prior approval of the Village.
19. Model Homes. Developer agrees not to construct any project model
homes or sales trailer on the Property without prior written consent of the
Village Manager.
20. Park District Donations. Developer agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time
to time regarding park donations. Developer agrees to make cash contributions
to the Village for conveyance to the Buffalo Grove Park District to fulfill the
obligation of the Property concerning park donations. It is understood and
agreed that the per acre land value used to compute said cash contributions may
be increased from time to time, and cash contributions made at the time of
building permit issuance shall be based on the land value in effect at the time of
permit issuance.
21 . School District Donations. Developer agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time
to time regarding school donations. Developer agrees to make cash contributions
to the Village for conveyance to School Districts ,#, 102 and 125 according to the
criteria of said Title. It is understood and agreed that rooms in the residential
units labeled as dens, lofts, or studies on the floor plans will be counted as
bedrooms for the purposes of calculating school donations, if, in the judgment of
the Village, said rooms can be used as bedrooms. It is understood and agreed
that the per acre land value used to compute said cash contributions may be
increased from time to time, and cash contributions made at the time of building
permit issuance shall be based on the land value in effect at the time of permit
issuance.
8
22. 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 Owner and Developer do
hereby evidence their 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.
23. Enforceability of the Agreement. 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, such provisions
shall be deemed to be excised herefrom and the invalidity thereof shall not affect
any of the provisions contained herein.
24. Term of A reement. This Agreement will be binding on all parties and
the Property 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 the Village.
25. Bindina Effect of Agreement. This Agreement shall be binding upon
the Property, the parties hereto and their respective successors and assigns.
26. 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 o; such
group and shall have no personal liability in their individual capacities.
27. Notices. Any notice required pursuant to the provisions of tljis
Agreement shall be in writing and be sent by certified mail to the tollo%ving
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 to Developer: 1^lilliam Rotolo
Concord Development Corporation
1540 E. Dundee Roan, Suite 1150
Palatine, IL 60067
9
Copy to: Lawrence M. Freedman, Esq.
Ash, Anos, Freedman and Logan
77 West Washington Street
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa S Skelton
1140 Lake Street
Suite 400
Oak Park, IL 60301
28. Default.
A. In the event Owner or Developer defaults, in their performance of
their obligations set forth in this Agreement, then the Village, may, upon notice
to Owner or Developer allow Owner or 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 cured during said period. If Owner or Developer fails to
cure such default or provide such evidence as provided above, then, with notice
to Owner or 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, to rezone such Property to the R-E
District classification. In such event, this Agreement shall be considered to be
the petition of the Owner or Developer to disconnect such portion of the
Property, or at the option of the Village to rezone such Property to the R-E
District classification.
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 my personal liabiiity
or obligation to perform the commitments and obligations se, forth herein 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 devuleper-
or shall designate or contract with a developer other than Concord lxveloprirent
Corporation. In that case, the Owner or the new designee shall he subject to the
liabilities, commitments and obligations of this Agreement. In the event the
Developer defaults in his obligations created under this Agreement, the Village
may enforce such obligations against the Property.
10
29. Litigation.
A. The Developer and Owner, at their cost, shall be responsible for
any litigation which may arise relating to the annexation, zoning and development
of the Property. Owner and Developer shall cooperate with the Village in said
litigation but Developer's counsel will have principal responsibility for such
litigation.
B. The Owner and 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 and development of the
Property or in the enforcement of any of the terms of this Annexation Agreement
upon a default by the Owner or Developer.
C. Owner and Developer hereby indemnify and hold the Village
harmless from any actions or causes of action which may arise as a result of
development activities for which the Owner or Developer is responsible.
30. Special Conditions.
A. The following variation to the Village's Development Ordinance is
hereby granted as depicted on EXHIBIT E-1 :
Section 16.50.040.C.3 - to waive the requirement for underdrains in
the stormwater detention basin.
B. Developer shall construct a five-foot wide sidewalk along Route 83 from
the Property to the existing sidewalk on the north side of Pauline
Avenue.
C. Developer shall use best efforts to acquire title to the real estate
parcels abutting the south line of the Property at the northeast corner
of Route 83 and Pauline Avenue. Said parcels shall be incorporated
into the Preliminary Plan for the Concord Glen development if said
parcels are acquired by the Developer.
D. The Property shall not have a permanent street connection or
permanent driveways with direct access to Route 83.
E. Unless prohibited by the Illinois Department of Transportation ( IDOT) ,
construction vehicles and equipment shall enter and leave the Property
via a temporary access connection to Route 83 during development of
the Property. The Developer shall erect si�jns jnd harr-iers in
locations approved by the Village prohibiting construction traffic on
Marseilles Circle and Toulon Drive adjacent to the Property. The
Developer shall inform all contractors workincn on development of the
Property of the prohibition of construction traffic on residential streets
11
adjacent to the Property. Developer shall ensure that construction
vehicles and equipment and personal vehicles of construction workers
are not parked on residential streets adjacent to the Property. If
IDOT denies temporary access for construction vehicles to Route 83,
Developer shall submit plans for alternate construction access to the
Property to the Village for review and approval.
F. The removal or relocation of any trees or other plant material on the
Property is subject to approval by the Village. Prior to any grading
or site preparation work on the Property, Developer shall obtain
approval of a tree preservation plan by the Village.
G. Fencing shall not be allowed on the common area of the Property,
including the landscape buffer and stormwater detention basin,
adjoining Route 83. Berming and landscaping shall be provided on the
Property adjoining Route 83, and said Berming and landscaping are
subject to approval by the Village.
H. Perimeter fencing along side and rear lot lines shall not be permitted
on Units 1 through 8 and Units 23 and 26 as depicted on EXHIBIT D.
1. Fencing or screening shall be allowed on outdoor decks and patios
pursuant to Village ordinance.
J. Notwithstanding the cross-hatched "typical deck area" shown on
EXHIBIT D, outdoor decks and patios shall not extend more than
fifteen feet from the rear walls of the residential units, and shall not
cover more than twenty percent of the rear yard areas. The
foregoing twenty percent restriction may be varied by the Village
Zoning Board of Appeals pursuant to Village ordinance. Any request
for a deck or patio in excess of twenty percent of the rear yard must
receive approval by the Association before any application for a
variation is made to the Village.
K. All water wells and septic sewer facilities on the Property shall be
properly sealed or pumped and filled as required by the Illinois
Department of Public Health and as approved by the Village Health
Officer.
L. All buildings, structures, vehicles, junk and debris On (lie Property
prior to the date of this Agreement shall be remov(�d prior to initial
grading for the development. If the Village so directs, the Developer
shall allow the Village to use sI-iid buildings and structures for i'ire
12
training purposes. Developer shall be responsible for removing the
remains of said buildings and structures from the Property.
M. Developer shall provide an easement for the public sidewalk from the
street cul-de-sac on the Property to the sidewalk along Route 83. The
Association shall maintain said sidewalk, including snow removal.
N. Except as delineated and noted on EXHIBIT D hereto, standards of the
R-5 zoning district shall apply to the Property.
0. Addresses for dwelling units on the Property shall be illuminated to be
visible and readable during periods of darkness.
P. Notwithstanding EXHIBIT F, no three-car garages are allowed on the
Property.
IN WITNESS WHEREOF, the Corporate Authorities and Owner and Developer
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
By
ATTEST:
By
OWNLR
By
ATTEST:
By
DEVELOPER
By
ATTEST:
By
13
VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
0 BUFFALO GROVE F BU /
THIS __DAY OF , 19-D
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook Lake Counties, Illinois,
this � ._. day of 19�.
Village Clerk
By �d�
Deputy Village Clerk