1985-091 24 128 9
ORDINANCE NO® 85- 91
AN ORDINANCE APPROVING A SECOND AMENDMENT
TO AN ANNEXATION AGREEMENT
(Hidden Lakes Phase 3/Dearborn)
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the Illinois Constitution of 1970; and,
WHEREAS, there has been submitted to the Corporate Authorities of the
Village of Buffalo Grove a second amendment to an annexation agreement; and,
WHEREAS, proper and due notices of public hearings on said second amend-
ment to an 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 second amendment to an 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 second amendment to an 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: 5 O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 None
ABSENT:_—I Marienthal ......
PASSED: December 16, 1985 APPROVED: December 16, 1985
ATTER APPROV
)N Village_QY Cl eT k- Z, VERNA L. CLAYTON, Village esident
'DRAFT -8/.29/-85
:REVISED .1.1/26/-85
iHIDDEN LAKES PHASE 3 (DEARBORN)
SECOND AMENDMENT TO ANNEXATION AGREEMENT
TABLE OF CONTENTS
1.. _Applicable :Law.. 2
2. Agreement Compliance and Validity. 2
3. Enactment of Zoning Ordinance. 3
4. Approval of Plats. 3
5. Compliance with A2plicable Ordinances. 3
6. Amendment of Plan. 4
7. Building Permit Fees. 4
8. Water Provision. 5
9. Storm and Sanitary Sewer Provisions. 5
10. Drainage Provisions. 6
11. Security for Public and Private Site Im rovements. 6
12. Exhibits. 7
13. Annexation Fee. 7
14. Building, Landscaping and Aesthetics Plans. 7
15. Declaration of Condominium. 8
16. Park District Donations. 8
17. School District Donations. 8
18. Facilitation of Development. 9
19. Enforceability of the Agreement. 9
20. Term of Agreement. 9
21. Binding Effect of Agreement. 10
22. Corporate Capacities. 10
23. Notices. 10
24. Default. 10
25. Special Conditions. 11
2412b3
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DRAFT 8/29/85
REVISED 11/26/85
HIDDEN LAKES PHASE 3 (DEARBORN)
SECOND AMENDMENT TO
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this a 3rd day of DeCen-% be)-- , 1985, 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 CHICAGO TITLE AND TRUST COMPANY,
C WT-z-
not individually, but as TRUSTEE under TRUST NO. 1081,359 dated February 8, 1982,
(hereinafter referred to as "Owner") .
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 comprising 9.27
acres legally described in EXHIBIT A; and,
WHEREAS, Owner desires and proposes pursuant to the provisions and
regulations applicable to the R-9 Zoning District of the Village Zoning Ordinance
to develop property in accordance with and pursuant to a certain Preliminary
Development Plan prepared by The Balsamo/Olson Group, Inc. and dated as last
revised November 20,1985, and also Preliminary Engineering Plan prepared by The
Balsamo/Olson Group, Inc. and dated as last revised November 20, 1985,
(hereinafter jointly referred to as the "Preliminary Development Plan") , a copy
of which Preliminary Development Plan is attached hereto as EXHIBIT C and EXHIBIT
D and incorporated herein, and subject to all other exhibits attached hereto or
incorporated by reference herein; and,
WHEREAS, said Property is subject to an annexation agreement dated August
20, 1979 which was approved pursuant to Ordinance No. 79-34 and a First Amendment
1 241-2832
I/
to Annexation Agreement dated August 3, 1984 which was approved pursuant to
Ordinance No. 84-54; and,
WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. , of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1983) a proposed
Second Amendment to 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,
WHEREAS, pursuant to due notice and advertisement in the manner provided by
law, the Plan Commission of the Village has held such public hearing prescribed
by law and made their recommendations with respect to the requested zoning
classification of R-9 Zoning District; and,
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the approval of said Second Amendment to
Annexation Agreement 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 1983) and the Village's Home Rule powers.
The preceding whereas clauses are hereby made a part of this Agreement.
2. Agreement Compliance and Validity. It is understood and agreed that
this Agreement in its entirety, shall be null, void and of no force and effect
unless Property is validly zoned and classified in the R-9 Zoning District c:ith a
Special Use for a Planned Unit Development, all as contemplated in this
Agreement.
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g
3. Enactment of Zoning Ordinance. Within twenty-one (21) days after the
passage of the Ordinance approving said Second Amendment to Annexation Agreement,
the Corporate Authorities shall adopt a proper, valid and binding ordinance,
zoning Property in the R-9 Zoning District with a Special Use for a 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 a Preliminary Development Plan prepared by The
Balsamo/Olson Group, Inc. and dated November 20,1985, (EXHIBIT C) , and the
Preliminary Engineering Plan prepared by The Balsamo/Olson Group, Inc. and dated
November 20, 1985, (EXHIBIT D).
4. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Development Plan (EXHIBIT C & D) pursuant to the provisions of the
Development Ordinance and in addition agree to approve a Final Plan of
Development or plats or phases of the development of Property upon submission by
the Owner of complete and proper materials as required for the issuance of
appropriate building and other permits based on final versions of the plans and
drawings of the development of Property as submitted by the Owner provided that
the plat or plats shall:
(a) conform to the Preliminary Development Plan, (EXHIBITS C & D) and
(b) conform to the terms of this Agreement and all applicable Village
Ordinances as amended from time to time; and
(c) conform to the Development Improvement Agreement (EXHIBIT B) as amended
from time to time.
5. Com liance with Applicable Ordinances. The Owner agrees to comply with
all ordinances of the Village of Buffalo Grove as amended from time to time in
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3
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, in the
development of the Property shall comply with the standards set forth in the
Village of Buffalo Grove Development Ordinance as amended from time to time.
6. Amendment of Plan. If the Owner desires to make changes in the
Preliminary Development Plan, as herein approved, the parties agree that such
changes in the Preliminary 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
to consider such changes to this Agreement. The Corporate Authorities may, at
their sole discretion, require additional public hearings and may review the
commitments of record contained in this Agreement, including, but not limited to
fees, prior to final consideration of any change in the Preliminary Development
Plan. The Village Manager is hereby authorized to approve such minor changes as
he deems appropriate, provided that no such change (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.
7. Buildina 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 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 shall pay any
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412&92
7
non-discriminatory new or additional fees hereinafter charged by the Village to
Owner of Property within the Village.
8. Water Provision. The Owner 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 D are hereby approved by the Village,
however, it is understood that changes to the Preliminary Engineering Plan may be
required at the time of Final Engineering. The Owner 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 Owner agrees to accept
any increase in water rates and tap on fees provided such rates and fees apply
consistently to all other similar users in the Village to the extent possible.
Following such tap on, the Village agrees to provide to the best of its ability
and in a non-discriminatory manner water service to all users on the Property in
accordance with the Preliminary Development Plan. Watermains serving the
Property and those approved as part of the development shall be installed by the
Owner 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.
9. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Owner and to use
their best efforts to aid Owner 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. The Owner shall construct on-site and off-site sanitary
sewers as may be necessary to service the Property, as per EXHIBIT D, however, it
is understood that changes to the Preliminary Engineering Plan may be required at
11/26/85
5 ti12�sn
d
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 Owner 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 Owner shall also construct on the Property in question any storm
sewers which may be necessary to service the Property, as per EXHIBIT D, however,
it is understood that changes to the Preliminary Engineering Plan may be required
at the time of Final Engineering. Upon installation and acceptance by the
Village through formal acceptance action by the Corporate 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 Owner
agrees to operate and maintain that portion of the storm sewer system located on
the subject Property and not dedicated, and shall record a covenant to that
effect within thirty (30) days of the recording of the Plat of Subdivision.
10. Drainage Provisions. The Owner shall fully comply with any request of
the Village Engineer related to the placement of buildings on lots, to preserve
drainage standards. The Owner shall install any storm sewers and/or inlets which
are required to eliminate standing water or conditions of excess sogginess which
may, in the opinion of the Village Engineer, be detrimental to the growth and
maintenance of lawn grasses.
11. 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 B) 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
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6
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. The amount of the letter of credit
shall not be reduced by expenditures made by the Owner until such improvements
have been formally accepted by the Village.
12. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Owner or the witnesses during the hearing held before the
Plan Commission and the Corporate Authorities prior to the execution of this
Agreement, are hereby 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 Development Improvement Agreement
EXHIBIT C Preliminary Development Plan
EXHIBIT D Preliminary Engineering Plan
EXHIBIT E Landscaping Plan
13. Annexation Fee. Owner agrees to pay an annexation fee in an amount
equal to $200 per unit which fee shall be payable prorata at issuance of building
permits. However, this fee shall be paid in full prior to the expiration of this
Agreement.
14. Building, Landscaping and Aesthetics Plans. Owner 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,
signage and architecture shall be the same as approved in Hidden Lakes Village
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to
Phases 1 and 2. Phases not under construction or completed shall be maintained
in a neat and orderly fashion as determined by the Village Manager.
15. Declaration of Condominium. In the event that any portion of the
Property shall be developed under the Illinois Statutes relating to condominiums,
the condominium covenants, conditions and restrictions shall include a provision
whereby the Village shall have the right, but not the obligation, to enforce
covenants or obligations of the association or the owners of the units as defined
and provided within the Declaration of Condominium, and further shall have the
right, upon thirty (30) days prior written notice specifying the nature of a
default, to enter upon common open spaces 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 condominium association for the repayment of such costs
and expenses, including reasonable attorneys' fees in enforcing such obligations.
The declaration shall further provide that this provision may not be amended
without the approval of the Village. Prior to recording, the finalized
Declaration of Condominium shall be submitted to the Corporate Authorities for
their approval. Said Declaration shall include, but not by way of limitation,
the following covenants and obligation: to maintain the common areas pursuant to
Village of Buffalo Grove Ordinances and in a neat and orderly manner and to own
and maintain the center island of the cul-de-sacs.
16. Park District Donations. Owner agrees to comply with the provisions of
Title 19 of the Buffalo Grove Municipal Code as amended from time to time
regarding park donations. Owner agrees that it will make cash contributions to
the Village for conveyance to the Buffalo Grove Park District according to the
criteria of said Title.
17. School District Donations. Owner agrees to comply with the provisions
of Title 19 of the Buffalo Grove Municipal Code as amended from time to time
11/26/85 2412892
it
regarding school donations. Owner agrees that it will make cash contributions to
the Village for conveyance to School Districts #102 and #125 according to the
criteria of said Title.
18. 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 does hereby evidence
his intention to fully comply with all Village requirements-, his willingness to
discuss any matters of mutual interest that may arise, and his willingness to
assist the Village to the fullest extent possible. The Village does hereby
evidence its intent to always cooperate in the resolution of mutual problems and
its willingness to facilitate the development of the Property, as contemplated by
the provisions of this Agreement.
19. 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.
20. Term of Agreement. This Agreement will be binding on all parties for a
term of twenty (20) years from the date of the execution of this Agreement by the
Village. This Agreement shall not be assigned without prior written consent of
the Village.
21. Binding Effect of Agreement. This Agreement shall be binding upon the
parties hereto, their respective successors and assigns.
11/26/85
9
l2
22. Cor orate 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.
23. 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 to Owner: Hidden Lake Village
175 Morningside Lane East
Buffalo Grove, IL 60089
Copy to: Century Universal Enterprises, Inc.
911 Elm Street
Hinsdale, IL 60521
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William Raysa
Bloche' , French & Raysa
1011 Lake Street
Oak Park, IL 60301
24. Default. In the event Owner or Developer defaults, in his performance
of his obligations set forth in this Agreement, then the Village, may, upon
notice to Owner allow Owner 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 fails to cure such default or provide such
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4 J L 2
10 t3
evidence as provided above, then, with notice to Owner, 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-1 District zoning classification. In such event, this
Agreement shall be considered to be the petition of the Owner to disconnect such
portion of the Property, or at the option of the Village to rezone such property
to the R-1 District zoning classification.
25. Special Conditions.
A. It is hereby agreed that upon approval of this Agreement by the
Corporate Authorities, the Owner shall pay to the Village $50,000 for purposes of
relieving Owner of the obligation to donate to the Village the Municipal Site
known as Lot 13 in Hidden Lake Village in Phase 2.
B. All Phase 2 improvements (including the swimming pool and cabana)
shall be completed prior to proceeding beyond the four buildings fronting on
Hidden Lake Drive in Phase 3.
C. The following variations are hereby granted from the Village's
Development Ordinance:
Section 16.30.050.A. 1.
In the bulb of the cul-de-sacs, pavement shall be allowed to be 22
feet wide rather than 27 feet wide.
Section 16. 30.050.A.4.
The cul-de-sac on the north side of Hidden Lake Drive may be
constructed to a length of 595 feet.
Section 16.50.070.D.2.
Right-of-way width on cul-de-sacs shall be allowed to be 27 feet
rather than 60 feet.
11/26/85
11 � �
Section 16.50.080.A.1.
Sidewalks shall not be required along the cul-de-sac.
IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this
instrument to be executed by their respective proper officials duly authorized to
execute the same on the day and the year first above written.
VIL G}E OF BUFFALO GROVE
,G ,•`: VERNA L. CLAYTON, Village esident
m �4 � :ram®�
ATTEST*.." ,
r.
Vilidge Clerk ''.'l
ray x + OWNER
t`
BSI'. 11LQB RRESTDENi:
w �
CHICAGO TITLE AND TRUST COMPANY
r
.� not individually, but as Trustee
under Trust No. 1081359 dated 2/8/82
�f . "� LID NOT PMSONALL2
ATTEST
It is expressly understand and agreed by and b4meen the pnrti=s hereto, anything herein to the contrary notwithstandingd
that each and all of the warranties, indemnities, represe,tatuns•rrvrants, undertakings and ag�eoments herein made on the part
of the Trustee while in form purporting t�ih:t w,rr.,t., . covsro;is, u•:d::rldkings and agreements
of said Trustee ere nevertheless each 3�d e,".•y c"e .n . •+, s•9 rcr+c.l,:f not as rirannal warranties. Indemnities.
vcpl"entations,covenants,undertake^,r? t- -" ^r ix [:,a mr?a-d or•rrf;.i the ir,tantian of binding said
Trustee personally but are m±ado a,f r^--iJ d ,rr t , or..'t Ph portion of the tru;l Praparty specittcaliy
described herein,and this Inslrumant it exec:":d 1':y I •r rot n t`s o,en r g`^t,ia,,,t so]=!y In tare exerdsa of
the powers cor9erred upon it as such Pruatel; zed t ,» -.:;>rat Pl`l:y of p.raonak assumad by nor shall at
any Lima be asserted or onforceabio aga ist the: ,^, !,, G.f,s acd fruit Cuwpan•p or any of W—,, ba;aMdarics under said 1'rusti
lAgteement,on account of this in strumant or on acc-•xr.t N any warranty, indemnity, reaeesentati,n,covenant, undertaking oQ
ngreamant of the said trustee in this Instrumant conWned, either expressed or implied, all such personal liability, it anyi
being vxprosly waived and aaleased.
11/26/85
12 ��