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1975-024 ORDINANCE NO.;-75 l' AN ORDINANCE AMENDING ORDINANCE NO. 72-28 BEING g AN ORDINANCE APPROVING ANNEXATION AGREEMENT DATED 9 AUGUST 7, 1972 WHEREAS, Ordinance No. 72-28 approved an Annexation Agreement dated August 7, 1972, and WHEREAS, at �Dwellin �D.Is ict h,,a I �alban X Ex �lwowi�! 1 Preliti ptan atachedsh this agreement; and WHEREAS, The Richards Group of Illinois, Inc., is the owner of said real estate and has made application to the Village to revise said preliminary plan; and WHEREAS, The Plan Commission and the Village Board have held public hearings as required by Statute and Ordinance. BE IT ORDAINED RY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION 1. The Annexation Agreement dated August 7, 1972, by and between the Village of Buffalo Grove and LaSalle National Bank as trustee under CTrust Agreement dated August 2, 1971, ani kna-in as Trust No, 42835 and with the developer of the property, The Richards Group of Illinois, is amended to provide for the revised preliminary plan dated July 2, 1975, a copy of which is attached hereto as Exhibit "A". SECTION 2. This Ordinance shall be in -ull force and effect from and i after its passage and approval as provided by law. AYES: .? NAYES: ABSENT: / PASSED 1975. i APPROVED �� /� , 1975. APPROVED: Village President ATTEST: Village Clerk ��J LN,NSXATIO:I AGREEMENT LZ- THIS AGREEMENT, made and entered into this day of A.D. 1972, by and between the VILLAGE OF BUFFALO GROVE, ILLINOIS (sometimes for convenience hereinafter referred to as "Village") , by and through the President and Board of Trustees of the Village of Buffalo Grove (sometimes for convenience hereinafter collectively referred to as the "Corporate Authorities") , and LA SALLE NATIONAL BANK, as Trustee under Trust Agreement dated August 2, 1971, and !mown as Trust No. 42835 (sometimes for con- venience hereinafter referred to as the "Developer") : w i t n e s s e t h: WHEREAS, the Developer is the owner, has an interest in or controls the real estate comprised of approximately 130 acres, which are identified as Parcels 1 and 2 and the legal description of which is set forth on the Plat of Survey, marked Exhibit "A" which is attached hereto and made a part hereof (which real estate, for convenience, may hereafter be referred to in its entirety as the "Subject Property") and which real estate is contiguous to the corporate limits of the Village of Buffalo Grove; and WHEREAS, the Developer desires and proposes, as and pursuant to the provisions and regulations applicable to the R-9 i•iultiple-Family Dwelling District and to the procedures for a Special Use-Planned Develorment and pursuant to the provisions aoDli- cable to the B-3 Planned Business Center District of the Village Zoning Ordinance, to develop the Subject nrooerty with single-family residences, multiple-family residences and commercial establishments, in accordance with and pursuant to a certain plan .of development { r_reoared by Harland Bartholomew & Associates of Northbrook, Illinois, 1 L a copy of which proposed plan of development, dated , 1972, and marked Exhibit "B" is attached hereto and made a part hereof; and WHEREAS, the Developer, after full consideration, recognizes the many advantages and benefits resulting from the inclusion of the proposed development as an integral part of the Buffalo Grove community, and, therefore, desires to have said real estate annexed to the Village of Buffalo Grove upon certain terms and conditions hereinafter set forth; and WHEREAS, the Corporate Authorities, after due and careful consideration, have concluded that the annexation of said real estate to the Village on the terms and conditions hereinafter set forth would further the growth of the Village, enable the Village to control the development of the area and subserve the v best interests of the Village; and WHEREAS, pursuant to notice as required by statute and ordinance, public hearings were held by the Plan Commission of the Village on the requested zoning classification of Parcel 1 in the B-3 Planned Business Center District and Parcel 2 in the R-9 Multiple- Family Dwelling District and the approval and granting of a Special Use-Planned Unit Development with respect to Parcel 2, and recom- mendations made by said Commission were submitted to the Corporate Authorities; and WHEREAS, pursuant to the provisions of Section 11-15.1-1, et sec of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1971) , a proposed Annexation Agreement in substance and in form the same as this Agreement was submitted to the Corporate ., -2- Authorities and a public hearing was held thereon pursuant to notice as provided by statute. 9 NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, IT IS HEREBY AGREED AS FOLLOWS: is made pursuant to and in accordance This Agreement 1 Th ) with the provisions of Section 11-15.1-1, et sec of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1971) . 2) The Developer has filed with the Village Clerk, a proper Petition conditioned on the execution of this Agreement with the terms and provisions contained herein, to annex the Subject ( Property to the Village of Buffalo Grove. 11 3) The Corporate Authorities, immediately upon the execution of this Agreement will enact an ordinance annexing the Subject Property to the Village. 4) Immediately after the passage of the ordinance annexing the Subject Property, as provided in Paragraph 3 hereof, the Corporate Authorities shall adopt the proper ordinance or ordinances zoning and classifying Parcel 1 in the B-3 Planned Business Center District and Parcel 2 in the R-9 Multiple-Family Dwelling District and shall approve the general plan of development of the entire Subject Property (Preliminary Planned Unit Development Plan - Exhibit "B" attached hereto and made•a part hereof) comprised of 40 cluster dwelling units, 364 townhouse dwelling units and 128 garden condominium units and 216 Lakeside apartment units and shall cause such approvals to be evidenced by the adoption of an ordinance granting a Special :Ise-Planned Development and such other ordinances, resolutions or -3- , 1 other action as may be required by the applicable ordinances of the Village. i 5) It is understood that the Developer pronoses to construct and maintain a restaurant on a portion of Parcel 1, and the Corporate Authorities hereby indicate their present intention 1 at the request of the Developer, to adopt such amendatory ordinance or take such other action, as may be necessary to make an alcoholic liquor pouring license available for said restaurant, and the President and Board of Trustees hereby indicate their present intention to issue said license to the owner or operator of said restaurant provided that the applicant complies with all statutory and ordinance requirements therefor. 6) The Corporate Authorities further agree to approve `/ the final Planned Unit development Plans of units or phases of Parcels 1 and 2 and plats of subdivision thereof and including the schedule of development, building plans, elevations and other supporting data when submitted by the Developer, provided such final plans and plats substantially conform to the Preliminary Planned Unit Plan (Exhibit B) , the terms of this Agreement and all applicable Village ordinances and rules and regulations thereunder in effect as of the date hereof as amended, modified or varied by the terms hereof or as indicated on the attached Exhibits or provided that any variation therefrom has beer. mutually agreed upon, and provided further that the Developer has performed its obligations to the date of submission of such final plans and plats in accordance with the terms hereof. 7) With respect to Parcel 2, it is understood and agreed that a Declaration of Restrictive Covenants shall be recorded against said real estate which shall be binding on subsequent owners and which shall provide for a not-for-profit owners association -4- which shall hold title to and be responsible for the maintenance and repair of all common areas, (except certain streets and parks which are to be dedicated to the Village and which are so designated on the Preliminary Planned Unit Development Plan Exhibit B ) , including drives, walks and landscaned open areas and which shall have the power to levy assessments to provide funds to carry out i its responsibilities. In the event the home-owners association does not properly discharge its responsibilities under this Paragraph the Village, following ten (10) days written notice, and the failure of the home-owners association to rectify said deficiency, may enter upon the premises, perform the necessary work and assess the cost of said work against the then Owner(s) of the property and/or the home- owners association. 8) It is recognized by the parties that, because of the size of the proposed development and the time required for its completion, changes in market demand may occur during the period of development, necessitating modification in the plan of development. It is further recognized that, under the terms of the Village Zoning ordinance, major changes in the Preliminary Planned Unit Develoomen.t Plan (Exhibit B) would require submission of an amended plat or plats and approval by the Corporate Authorities who agree that such approval will not be unreasonably withheld as long as such amended plats do not significantly alter the basic residential densities provided for in the present Preliminary Planned Unit Development Plan, nor adversely affect the character and quality of the development or render any portion of the development incompatible with other portions of the surrounding area. 9A) Developer proposes to construct a 12-inch water main northerly from the Village's Well No. 2 along the right-of-way of Arlin ton Freights Road to its intersection with the Northernmost -5- I Street intersecting Arlington Heights Road as depicted on the Planned Unit Development Plan attached as Exhibit B and in conformity with the water system development plan of the Village, and further to construct a water distribution system, adequate to serve the Subject Property. Additionally, Developer agrees to pay to the Village I a tap-on fee in the amount of $150 per dwelling unit and $2,000 ! per acre for that portion of the subject area to be developed in the B-3 Zoning Classification at the time building permits are issued. Further, Developer will provide a mutually agreeable site for.a water storage facility to be constructed by the Village at the Village's expense at a location consistent with the orderly development of the Village water system. Said system of water mains serving the ! Subject Property, except for service connections to individual develop- ments, shall be dedicated to the Village and become part of the Village water main system and maintained by the Village. The Developer shall grant those easements deemed necessary to provide r^sin-__Pr;inre access to the Village on, over and across non-dedicated portions of the Subject Property. B) The Developer agrees, when it is determined by the Village to be necessary to meet a public need and to serve a functional purpose, to construct and install a public sidewalk along the Arlington Heights Road frontage of the Subject Property. I l0A) The Developer shall. construct and install a system of {{' I sanitary sewers in accordance with Village standards and regulations to serve the Subject Property, which system of sewers shall be con- nected to the proposed Lake County interceptor sewer. Said system of fi sewers serving the Subject Property, except for service connections i .to individual developments, shall be dedicated to the Village and become part of the Village sanitary sewer system and maintained by the Village. -,.The Developer shall grant those easements deemed neces- sary to provide maintenance access to the Pillage, on, over and -6- LJ . 1 i across non-dedicated portions of the Subject Property. The Developer agrees to pay the connection fees provided for in the contract 1 between the Village and Lake County pertaining to said interceptor sewer and the sanitary sewer service provided thereby and to comply with all other applicable provisions thereof. The Corporate Authorities further agree to cooperate with the Developer in obtaining i such permits from governmental agencies having jurisdiction as may be necessary to authorize connections from the proposed development to the Village system. B) It is further understood and agreed that a portion of the system of sanitary sewers referred to in Paragraph 10A hereof, and the 12 inch water main described in Paragraph 9A hereof, to be constructed and'.installed by the Developer to serve the proposed J tdevelopment of the Subject Property may be so located as to benefit v neighboring properties not owned by Developer by making public water supply and sanitary sewer service available thereto. In such event, ,the Corporate Authorities agree to adopt an ordinance and to take such other action as may be necessary to permit the Developer to recapture a portion of the cost of the construction and installation of such water main and sanitary sewers in a proportionate amount from such neighboring property owners who may be so benefited. 11) The Developer agrees to comply, notwithstanding any subsequent determination of invalidity, with all of the applicable provisions of an Ordinance enacted by the City of Naperville and known as Ordinance No. 386.71 attached hereto as Exhibit "D" providing for certain payments or dedications to be made by the Developer in consideration of the approval of said development by the Corporate Authorities except that said payments or dedications shall be made by the Developer upon issuance of occupancy permits for the units \\C described in Exhibit "B" hereto and except that it is agreed that a � per acre value of Twenty-Two Thousand ($22,000.00) Dollars shall be -7- used for the purpose of computing said payments or dedications. As soon as, and in the event, that, the Village of Buffalo Grove shall enact an Ordinance similar to that presently in effect for the City of Naperville, Developer agrees that it shall comply with the standards as therein set forth in lieu of those provisions presently contained in the aforementioned City of Naperville Ordinance, or the valuation determination referred to above, provided that all future Developers of projects within the Village are similarly bound. 12) All ordinances of the Village of Buffalo Grove relating to subdivision controls, zoning, official plan and building, housing and related restrictions in effect as of the date hereof, or in the case of a housing code, as it may be subsequently adopted, and as modified by the terms hereof, shall, insofar as they apply to the r land which is the subject of this Agreement, continue in effect during the full Five-year effective term of this Agreement, which term shall commence as of the date hereof, except with the mutual consent of the parties but with the exception of regular updating amendments to the BOCA Code and the Suburban Building Officials Code and other similar codes applicable to the development of the subject property by the authors of said codes. The parties agree that building permit fees may be increased from time to time in an amount not to exceed an aggregate increase of 25% over the current fee, as long as said building permit fees are applied consistently to all building permit applicants throughout the Village. 13) The Village shall have the right and authority to enter upon private portions of its streets and the premises for the purpose of enforcing all Village ordinances and State statutes. 14) Developer agrees that all dedicated and private streets are to be constructed in accordance with Village standards with the f exception that private streets will not require curbs and gutters, stabilized shoulders being deemed sufficient. Developer acrees, as and at the time each final Planned Unit Development Plat covering a portion of the Subject Property fronting on Arlington Heights Road is approved by the Village, to dedicate to the Village a strip of land 50 feet wide measured westerly from the center line of Arlington Heights Road at all points at which Developer's property fronts Ion Arlington Heights Road. 15) Developer agrees to participate with the Village in bearing the cost of the improvement of Arlington Heights Road in Vernon TownEhip, Lake County to the extent of $6,000. Payments in proportion to those made by the Village to Lake County shall be made to the Village periodically when Developer is advised that the Village has made a required payment pursuant to its Agreement with Lake County. Additionally, Developer agrees to pay to the Village an annexation fee in an amount equal to $100 per dwelling unit as building permits are issued for said dwelling units. The Developer further agrees, at such time as traffic signals are required at the intersection of Arlington Heights Road and State 'houte 183, in accordance with the standards and regulations of the Illinois Department of Highways, to contribute an amount equal to Twenty-Five (25%) per cent of the cost of such signals provided that similar contributions are required of other neighboring and benefited property owners and that Developer is reimbursed propor- tionately from such contributed funds. 16) All areas of the Subject Property to be dedicated for public use, as indicated on Exhibit "B," shall be conveyed to the Village. 17) In the event that the proposed development of the Subject Pro_ert , as depicted on Exhibit "B," is not substantially under -9- L.. construction at the expiration of five (5) years from the date hereof, then that portion of the property not then substantially under construc- tion, exclusive of yard requirements, shall revert to and be reclassified to R-1 Zoning District without further hearings. 18) It is understood and agreed that, in the development of the Subject Property, as proposed, there shall be compliance with the requirements set forth in the Village Engineer's report, a copy of which is attached hereto as Exhibit "C.- 19)- 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. 20) If any provision of this Agreement is held invalid, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 21) It is agreed by the parties hereto that time is of the essence of this Agreement, and that all parties will make every reasonable effort, including the calling of special meetings to expedite the subject matters hereof, including the approval of succeeding portions of the total planned development as they .are presented to the Village's administrative authorities; it is further understood and agreed by the parties that the successful consummation of this Agreement and the development of the Subject Property in a manner in the best interest of all parties requires their continued cooperation; and the Developer 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 and to meet all reasonable requests of the Village to the fullest extent -10- L possible; the Corporate Authorities do hereby evidence their con- tinued cooperation in the resolution of mutual problems and their willingness to facilitate the development of the Subject Property i as contemplated by the provisions hereof within the limitations imposed on them by the responsibilities of their offices and the t c e laws of this State and the ordinances of the Village. E: R. 22) This Agreement shall be binding upon the parties hereto, their respective successors and assigns. c P IN WITNESS WHEREOF, the Corporate Authorities and Developer r have caused this.instrument to be executed by their respective appropriate officers thereunder, duly authorized, and their resoec- r tive corporate seals hereunto affixed, all on the day and year first G 0 above written. r ' VI O GRO , J a mun- p o _or ion ) ATTEST:— �-��--�"/�% "` "' IL AG P •SIDENT LA ALL NATION BANK, as Trus ee and r T ust Ag ON) dated Aug 197 and known a ust z n.I.0 /No. 5 ead fio:yer ,ally ATTSTi: By NT Vice: AbWS1AA-J 54CALTARY -11- RIDER ATTACIIED TO AND MDE A PART OF CON£RACT D,11 i'D August 7,, 1972 This, contract is executed by LA SALLE INATIO,11 iL B:�NK, not personally but as Trustee under 'trust ,4o. 42835 as aforesaid in the exciX ise of the power and authority conferrer! upon and vested in said Trustee as such, and it is expressly understood and agreed Lh at noticing in said contract contained shall be construed as creating any liability on said Trustee personally to pay any indebtedness accruing thereunder, or to perform any covenant, either expressed or implied, in said contract (all such liability, if any, beh1; expressly waived by the said Village and by every person now or hereafter claiming any right or security thereunder) and that so far as the said Trustee is concerned, the owner of any indebtedness or right accruing under said contract shall look solely to the premises described therein for the payment or enforcement thereof, it being understood that the said trustee merely holds a contract purchasers equity in the premises therein described and has no control over the management thereof or the income therefrom, and has no knowledge re- specting rentals, leases or other. factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said trust. Further? it is expressly understood and agreed by and between the parties hereto, and by every person., firm(s) or corporation hereaf ter' claiming any interest under this Agreement, that La Salle National Bank, as Trustee as aforesaid and not personally, has joined in the execution of this agreement for the sole purpose of subjecting the trust corpus under said Trust No. 42835 to the terms of this agreement; that any and all obligatio^ duties, covenants and agreements of every nature herein set forth by La Salle National Bank as Trustee as aforesaid, to be kept or performed, are intended to be kept, performed and Uscharged L7 the beneficiaries under said Trust 'No.42835 or their successors in rights or :nership and control of said real estate, and not by La Salle National Bank personally; and further, that no duty shall rest upon La Salle National Bank, either personally or as such Trustee to make any determination or to exercise its own discr-ation or, -udgment with respect ,,. to any detail of the performance of said contracts; neither shall the trustee have ar-y ij responsibility for determining the sufficiency of performance of said contract or contracts by any party or person., nor to sequester trust assets, rentals, avails or proceeds of any kind,hor cthen-7ise to saae to the fulfillment or discharge of any obligation, express or icnpl.ie- arising under the terms of this agreement, except where said Trustee is acting pursuant to c direction as provided by the terms of said Trust No. 42835, and after the trustee has .-F s-- st been supplied with funds required for the purpose. In event of conflict between the terms of ..a� this ride r r and of the agreement ement to whic h it is attached, oh any question of apparent liabilzt:: a or obligation resting upon said Trustee, the provisions of this rider shall a controller, `h� r .