1979-034 0RW'NP,NC-';; F.'O. 79- 111
AXI ORD!NATT Ct A-r-F1101-1 I N U '-MIEXATT ON AGRE,'I"'!Em
'11,11' EXP`111 01" TTIT-, OF BY 9.11E. PRE-
AND A�.'G 22
SIDEFT AND 0i III], vll,-U,f"'E Op- BUFFALO
GROVE
(Dearborn Devel-opment Co.a/k/a Hidden
Lalkes
there bas heretofore been submitted to the corporate C-n
authorit-Les of the Village of Buffalo Grove, a petition to annex CEO
the property legally described as follows :
(A) The southwest quarter of the southwest quarter of Section 28;
(B) The west 10.0 acres of the SOLItheaSt quarter of 11--he southwest quarter
of Section 28;
and the following adjacent right of ways descrif)ed as:
(C) The south 33 feet of the northwest quarter of the southwest quarter of
Section 28;
-thc mithv t quarter of Section
D The south 33 feet of the noi �ast quarter )f the sv ics
28 contiguom to the West 10 acres of the southeast quarter of the southwest
quarter of said Section 28.
All or the above described tracts are a part of Section 28, Township 43 North,
Range 11 East,of the Third Priocipal Meridian, Lake County, Illinois.
W-UFFT,P.S, there has also been submitted to the corporate authori-
ties of the Village of Buffalo Grove an Annexation tgreement pur-
su-ant to statac L ; aad
1%71112,T:EAS, propex and due notices of public hearings for. zoning
otj saicli Agzeenment I-ave been given and pi-,bllic hearing::
wer- hold; m-'Ck
M:LEUEAS, it is, to be in tl-,.e best interests of tho
Village of Buf-Calo Grove to appiove sa-*d Annexation Agremrvnt;
NOW, Yi!1F.T.T-TORE, BE IT ORDAI-,,.v---D B-1 TIE PIES.DENTAITID BOAPT OF
Tik'USTEFS 011-' I'ME VILIJkGE OF BTIFF!t-LO CRONT, COOK bUD J,fYE- CO'LMTII"--;;'.,
L LL 1.117%)1 S
At, L St g 1, 20
&greo-incnt: dateet
co-,)erint' cite. L—rc-t(,fore I.og,;Ily dL-rccr*-bed prcpert-7, a co-cy of
I - - -- 11c a -� --t '�,creof a�L-- E:diib t "A"-i-- Paz H
approv(:Ci.
Sect--ioli 2 : 'f,*r...:. are h(_-,--oby au-
to
fTo ",I
and after its passage and approval in the manner provided by law.
AYES: 5 - Marienthal , - NAYES:' 2 Stone, O'Peill ABSENT: 0
_ ,. _ None
ar�f—tsste n, Kavitt, _
Gerschefske, President Clayton
PASSED: August ,1979.
20
APPROVED. August 2.0 ,1979.
APPROVED: _
V1 age re-Si eh _ ._..
ATTEST:
�j i
ANNFYfiTION AGREEMEI�'T
This Agreement (hereinafter referred to as the "Agreement") made and
entered info this vt!!� day of ���;�.� , 1979, by and between the
PILLAGE OF BUFFALO GROVE, ILLINOIS (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"); CHICAGO TITLE AND
TRUST COMPANY, not individually, but as Tr ustee under a Trust Agreement dated
December 6, 1972 and known as Trust No. 61 J42, (whose beneficiaries are GEORGE
MARINAKIS and JOHN P. KARAHALIOS) and ROBERT N. HOFFMiAN (hereinafter
Coll ectivcly referred to as the "Owner"); and DEARBORN DEVELOPMErJNT CO,MIP
ANY, an Illinois corporation, (hereinafter collectively with its successors and
assigns with respect to the Property hereinafter defined referred to as "Devel_
oper").
VIITNESSETI-I.
WHEREAS, the Developer has contracted to purchase from the Owner fifty
and thirty two hundredths (50.32) acres of real property, the description of which is
set forth on the Plat of Annexation which is attached hereto as Exhibit A and made
a part hereof (hereinafter referred to as the "Property") and which real estate is
contiguous to the corporate limits of the Village;
WHEREAS, the Developer desires and proposes pursuant to the provisions
and regulations applicable to tl-ie R-9 Zc,iing District Class of the Village Zoning
Ordinance ,vith a Special Use Planned Development as to Parcel P, and the R-1
zoning JDis-:t;c-I of the Village Zoning Ordinance as to Parcel B (referred to
he.,ein ::s the "Zoning Ordinance"), to develop the Property in accordance with and
1
pursuani to a certain general devc1opnnent plan prepLired by Johns',of) ("K As!>ociales,
as revised through S,_)_0 7pand also « pr^linninary cr:gincering plan prepared by
dahraus Engineering, inc., dated as k st revised 8/2/79 (hereinafter jointly referred
to as the "Preliminary flan"), a copy of .which proposed Preliminary Plan is
attached hereto as Exhibit 3 and Exhibit H and .incorporated herein, and subject to
all oilier Exhibits ideni-ified in paragraph S herein; said development of Parcel A to
contain two hundred sixty two (2.62) residential dwelling units; and shall be subject
to all ordinar;ces, codo-- and regulations of the Village, as amended from time to
tirne, including those variations specifically described in This Agreement.
WHEREAS, pursuant to the provisions of Section 11-15.I-I, et s of the
Illinois Municipal Code (Chapter 211, Illinois Revised Statutes, 1975), a proposed
annexation agreement in substance and in form the same as this Agreement was
submitted to the Corporate Authorities, and a public bearing was held thereon
pursuant to notice as provided by statute.
WHEREAS, pursuant to due notice end advcr-iisernent in the rnanrmr
provided by law, the Plan Commission of the Village has held such pu,ilic hearings
prescribed by Jaw with respect to the requested Toning classification of R- 9 Speci-DI
Use PMI fined Devclopment as to Parcel A, and R--I Single Family ,Z("ning Classifi-
ca.-ion* as to Parcel B and has submitted to the Corporate Auihor:ties its
recon rnondations concerning such zoning and spacial use.
HOW, THEREFORE, in consideration of the promises and rnutu ll covenarr"s
and a.grc'ements h reinafter Set forth, thu parties hereto agree as follows:
APPLICA1')J.F_ LAW
1. `Phis /t;;rc:eanent is made pursuant to and in accorc : rice w:th ins:
previsions of Se.ctica 11- 15.1-1 ct sue., of the iMuncipal Code.
AGRFEMENI" COMPLIANCE AND 1IALIf-)I'ry
2. The Developer has filed with the Village Clerk of the Village, a proper
petition, pursuant to and in accordance with the provisions of Section 7-1-9 of ti c
Miunicipal Code, conditioned on the execution of this Agreement and the com-
pliance with the term 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 under the Zoning Ordinance in accordance with Article VI,
Section 5, R-9 Special Use Planned Development zoning classification as to Parcel
A, and Article X, Section 2, R-I Single Family zoning classification as to Parcel B,
all as contemplated in this Agreement.
ENACTMENT Or ANNEXATION ORDINANCE
3. The Corporate Authorities, within ninety (90) days of the execution of
this Agreement by the Village, will enact a valid and binding ordinance (herein
referred to as the "Annexation Ordinance"), annexing the Property to the Village.
ENACTMIENT OF ZONING ORDINANCE
4. Within fourteen (14) days after the passage of the Annexation Ordinance,
the Corporate Autho ities shall adopt a proper, valid and binding ordinance: zoning
and classifying Parcel /ti in the R-9 zoning district with a Special Use Planted
Developmcn-t, for the construction of a planned unit development containing 262
residential dwelling units in conformance with all exhibits and candit:icris of this
Agreement, and shall cause such approvals to be evidence 1 by the adoption of such
other ordinances, resolutions or other actions as may be necessary or authorized by
he applicable ordinances of the Village and classifying Parcel B in the R-1 zoning
district.
h
AI'1'R01�AL OF PLH"fS
5. The Corporate Authorities agree to approve a preliminary pla-t of
subdivision pursuant to the provisions of Section VI of the Village Subdivision
Regulations Ordinance, and in addition, agree to approve a final subdivision plat or
plats or phases of the development of the Property_ (in accordance with the
preliminary development phasing plan shown on the preliminary plan and herein-
after referred to as the "Phasing Plan") promptly upon submission by the Developer
of complete and proper materials as required and issue such appropriate building,
occupancy and other permits based upon the final versions of the plans and
drawings for the development of the Property as submitted by the Developer,
provided that such final documents shall:
A. Conform to the Preliminary Plan (Exhibit B and Exhibit H); and
B. Conform to the terrns of this Agrecment and all applicable Village
Ordinances; and
C. File with the Village a fully executed SIA (Subdivision Impr-ovemerrr
Agreement).
AMENDMENT OF PLAIN
6. If the Developer desires to make changes in the Preliminary Plan as
herein approved, the parties agree that such changes if) the Preliminary Plan wdl
require, if the Village so determines, -the submission of amended plats or plans,
together with proper supporting documentation, to the flan Commission and/or the
Corporate Authorities to consider such changes to ti;is Agreement. The Corporate
Authorities may, at their sole discretion, require additional public hear'.ngs, and
may review the cornmitmcnts of record contained in this Agreement, including, but
not limited to fees, prior to final consideration of any change in the Preliminary
Plan.
1A
WATER PROVISION
7. The Developer shall be permitted and agrees to tap on to the Village
water systern at the points recommended by the `tillage Engineer, and pay to the
Village such fees for such tap--ons in accordance with the applicable Village
Ordinances at tine time of issuance of the water and sewer permits. The Developer
agrees to accept any increase in water rates and 'lap-on fees provided that such
fees and rates are applied 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, in a non-discriminatory manner, water service to all the
residential units to be constructed on the Property in accordance with the
Preliminary flan,, Preliminary Plat and Final Plat of Subdivision. Water mairis
serving the Property, and those approved as part of this development, shall ibc
installed by Developer, and, except for service connections to the buildings, shall,
upon installation and acceptance by the Village t}'irough formal acceptance actiGn
by the Corporate Authorities, be dedicated to the Village and become part of the
',pillage water main system and maintained by the Village.
EXHIBITS
o. The following exhibits, which were presented in testimony given by the
Developer or o'rher witnesses during the hearings held before the Plan Commission
and the Corl;,orate Authorities prior to the execution of this Agreement, are hereby
made a part hereof and designated as shown below, whether or not physically
attached to the Agreement. Said exhibits shall be kept on file by the Village. Clerk
and wi.tl he availabie for in pection by the parties hereto,
Plat of Annoxation Exhi.,,it A
Prelirr'mary Plcn
(Phasing Plan) Exhibit E
t
Petition xor Annexation Exhibit C
Manual of Practice Exhibit D
Performance Guarantees Exhibit E
IIlinois School Consulting Tables Exhibit F
(Published January 15, 1977)
Preliminary Architectural and
Landscape Plan and Incentive
Analysis Exhibit G
Preliminary Engineering Plan Exhibit H
DCCR's (care and maintenance
Open Space) Exhibit I
Buffalo Grove Park Distrrict
Agreement Exhibit J
Evidence of Ownership or Control Exhibit K
SEWER AND DRAINAGE PROVISIONS
9. A. The Corporate Authorities agree to cooperate with the Developer and
to use their best efforts to aid Developer in obtaining such permits from govern-
mental agencies having jurisdiction as may be necessary to authorize connection
from the proposed development to the Lake County Department of Public Works
for the collection of sewerage, and to the Vernal Township Road Commission or
County of Lake for Roads, as may be appropriate. The Developer shall construct
on-site sanitary sewers as may be necessary to service the Property. Upon
installation and acceptance by tl)e Village through formal acceptance action by the
Corporate Authorities, the Corporate Al rthorities 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 lees, provided that such fees and
rates are applied consistently to all similar users in the Village. The Developer
agrees to pay the Lake County Sanitary Sewer System Improvement I"ee of Three:
6
I,undred Dollars P1r" dwell'
rng unit, or any ar'dincsnce or. resolution additional char
�ubsec;rlent s required by
other to this Agreement a ,
similar users in the al)'Plied consistently to alI
r Villago,
9• g• The s Developer r hall also construct an
necessary to service the ) storm sewers
Propert which may be
y' Upon insf-allation and acceptance b
Y the Village
through .formal on action
' by the Cor
Authorities agreero Authorities
� Operate and porate , the Corporate
maintain that portion of the storm sewer
which scarves
public streets or multi le
system
shag! p properties. The private property maintain that portion o rop
f the stormY owners
private sewer system
parking areas which exclusive)
or other private Y serves
drr;ina e property• It is agreed g e irnproveriaents may be re g d t1-,,t downstream
qui.red to required on the Farrington Ditch and the Developer
may be re,
Per-form engineeringstudies
rnents or udies and construct Pay a recapture fee cerfain improve_to the Village pe!-forrrr g 1f another dFveloper should
the necessary studies or prnreed to
construct these
Developer's cost shall not dr[=Ina
exceed ge imrr°�rerl1entss tfje
28.6 of the total east ,;f
improvements necessary
and
• Y or interim
drairra;,e in, prover jor,ts s
i.ernp,�rary b .uch as dr - �•
ank stabilization, c`Iing and
The Developer ahall be fully responsible
perrrrar;er�t improvement of the Farrington Ditch
for fire
his propel-t from the point of di
Y tr the pro csed discharge
P 1`ar•rin Pe from
gton Road culvert � - �..
improvement shall incl r ossin
ode acquisition of g• 7"his petr�ranent
r1ydrnlnulch seedin drainage and utility easement, >
g, establishrrrerrt of Lawn t oe � j,radinp,;
maintenance Y. grass COver f
access , and constr
bath. The uctron of a
Payment of 28 6%
irrtproVemeni cosecs of the inicrirn
is due \j✓ithin 30 dr-=:inat;e
days of receipt•ntertrn rmproverr�er�t costs, P of 1 rliage notifi
cation of tfi�•The permanent Frrrr-ington Ditch improvemc.nt� r
be constructed vj1hirr, one year from the dates ,
shall
of plat approval of Phase 11,
D _.VCI_O1' 1"ER RECAPTURE OP UTILITY COSTS
10. It is further understood and agreed that a portion of ti-re system of
sanitary (Buffalo Grove Road Sanitary Sewer)and storm sewers, drainage systems,
Water mains, all to be constructed and installed by the Developer to serve the
proposed development on the Property (herein referred to as "Developer's Improve-
rrnents), may be required by the Village to be so located and/or oversized as to
benefit neighboring properties not ovrned by the Developer-, thus making such
sanitary and storm sewers, drainage systems and water service available thereto.
The Corporate Authorities agree to adopt an ordinance and take such other action
as may be necessary to permit the Developer to recapture from such neighboring
property owners as may be benefitted by Developer's Improvements as determined
by the Village, that rortian of I the actual costs of the construction and installation
of Developer's Improvements and such legally permitted interest, less a collection
fee payable to the Village, in such proportionate amounts from such neighboring
property mliners as may be so benefitted. The Village and Developer agree to use
their best efforts to cooperate to achieve the most practical and economically
feasible route to the off-site utilities connection points -to permit the Developer to
connect to the existing Village utility systems so long as such routes are withip.
publicly owned property or easements inuring to the public benefit. The Village
agrees to cooperate with the Developer in effectuating recapture from future
users, as appropriate., including, but not necessarily limited to, advising Developer
of additional connections which the Village intends to permit, collectjl,g and
remitting fees, e>:ccutirg and recording appropriate recapture documents, arid any
ether l;,.Vful means available to the Village. It is understood that the i�;xtension by
Developer of the 15--inch water main lying in Busch Road constitutes an integral
S
part of the VilLtge water system, and is not subject to any recapture from other
property owners. It is recognized that a sanitary sewer may be installed in an
adjacent development so as to directly benefit the property. Developer agrees that
if this sanitary sewer is constructed it will make a recapture pavmcnt to the
Village in accordance with the amount specified in a recapture ordinance which
will be adopted by the Village, or the actual costs of construction. Said payment
will be made within 90 days of annexation or 30 days of recapture ordinance
adoption whichever is later.
ANNEXATION FEE
11. Developer agrees to pay to the Village an annexation fee of Two
Hundred Dollars ($200.00) per residential dwelling unit to be constructed on the
Property, payable at the time the building permit for each respective building to be
constructed on the Property is issued.
COMPLIANCE WITH APPLICABLE ORDINANCES
12. Developer agrees to comply with all Village Ordinances in the
development of Parcel A. Developer shall cause the standards set forth in the
"Village of Buffalo Grove Engineering Standards" commonly referred to as the
"Mlanual of. Practice" (herein referred to as "Village Standards") which has been
made a part: hereof as Exhibit D, to be fully complied with in the development of
the Property. Further, the Developer agrees to enter in-to a Subdivision improve-
ment Agreement at the time of filing the final Plat or Plats of Subcivision in form
a.cceplable to the Village.
STREET AND PARKING AREA PIZO`•lISION S
l 3. The Developer agrees that all streets and parking areas are to be
constructed in accordance with Villrtgc Standards including pavernent, curb, and
n
lighthn- standards for local streets, and the width direction, and ownership of all
streets, except as noted herein, are to conform to the provisions of the Preliminary
Plan.
A.
_. ----- MINOR ST
REETS AND PARKING AREAS.
DESIGN STANDARDS FOR ..r----- .._�N .. _......_ --._m_ -...-._r_.
Parking area pavements shall conform to the Village Standards for local streets
that relate to structural pavement strength and building materials. Minor streets
shall be dedicated as public street right of ways from back of curb to back of curb,
being a width of 27 feet except cul--de--sac areas which are 22 feet in the dedicated
area between the backs of curbs, and also except Fabish Drive which shall conforn'l
to ,all Village Standards including right of way standards for minor streets.
B. LECTOR STREET STANDARDS. The collector street shall conform
to all Village Standards except the right of way width shall be 80 feet only at the
approaches to Busch Road and Buffalo Grove Road and shall be 68 feet at all other
locations. Construction of the collector street shall be completed along its entire
length frcm Busch Road to Buffalo Grove Road prior to the issuance of any
occupancy permit for Phase 11 of the development.
C. FALL GROVE ROAD. Developer agrees to dedicate SO feet for the
east half righi of ,vay for Buffalo Grove Road extended and also additional right of
way required at the intersection with Busch Road. Construction of the east half of
the roadway irnprovernent including appurtenances from r_iusch Road south to the
sou _! _rnn�ost point of the sub CC—t p=-open-y shall be consistent with the Engineering
Design Plans to be prepared by Midwest Consulting Engineering, Iric., and shall be
colnplef.ed prior to the issuance of any occupancy permit for Phase II of the
d�:"fi7llmeil t. Alt i; agreed that at the Village's discre-iion a cash contribution for
the construction c` Buffalo Grove i'.oar will be paid by the Developer in lieu Q
1 C7 -
construction of Buffalo Grove Road. This contribution shall be in an amount. equal
to the fraction of the Developer's frontage in proportion to the total frontage Mont;
the proposed Buffalo Grove Road alignment multiplied by the total cost of the
improvement of Buffalo Grove Road along this alignment in accordance with the
estimate of cost for the project as approved by the Federal Highway Adminis-
tration.
D. BUSCH ROAD IMPROVEMI NT. The improvement of the full width of
the east leg of the Busch Road and Buffalo Grove Road intersection as identified
by Midwest Consulting l^rrgineering, Inc., in conjunction with the design study of
the Buffalo Grove Road improvement shall be constructed by the Developer in
conjunction with Phase II. At the discretion of the Village, a cash contribution
from the Developer shall be paid in lieu of this construction. A left turn lane shall
also be provided on Busch Road at the irriersec%ion with the collector- strut,-t in
conjunction with Phase 1.
BUILDING AND LAIID�CAPING PLANS
14. As. required under Village Ordinance No. 72-12 and all amendments
thereto, 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 cornrnencirlp, con-
struction of buildings. It is further agreed that the Developer shall submit to the
Appearance Con-rnlission and Corporate Aut:horlties for examination and approval zi
proposed plan for each different model multi--family building to be cor;siructed
upon the Property. Developor further agrees that i- the Event no plar: for
construction for Parcel B has been approved by the completion of Phase II of the
development, Parcel B will be graded and seedr�d with prairie grass upon the
completion of Phase li of the development.
11
DRAiiY„GrE PR0VIS10NS
15. Developer shall fully comply with ary rca5onable request of the Village
Engineer related to placement of buildings on lots, to preserve drainage siandards.
Developer shall install any stor-M sewers and/or inlets which ai-e required to
eliminate standing water or conditions of excess sogginess which may, in the
opinion of the Village Engineer, be detririiental to the growth and maintenance of
la;=rn grasses, Tho submissions required by Developer by this paragraph 15 shall
not be required until Developer is prepared to apply for building per;nits, however,
all submissions will comply with the provisions of Exhibit C of this P-,greemcnt_ In
the event the property is developed as condominiurns, upon th-: recordation of the
declaration of condorr;inium, the Developer agrees To donate $50.00 per condo-
rnini-im unit to the condominium homeowners r_ssociation for the sole and exclus;.vc
purpose of the raintenance and care of lhe privately owr od pone; areas located o;.
Parcel A.
LIBR'ARY DISTRICT PROVISIONS
16. Developer agrees, at the request of the Vernon Area Lir,rai y District, to
annex any part or all of the Property to said library distric¢.
PARK DISTRICT PROVISIONS
17. The Developer agrees, at the request of the P,mf..la,lo Grove Park
District, to annex any part or all of the Property to said par.'l; district.. The
Developer has reach^d aUreemE.nt with the Bu.`Utalo Gxrovu Park Distiict in
satisfaction of Ordinance No, 77--72 concerning parks. This agrre;nc:nt is attached
a5 Exhib
it J t A o this L, r e_,ment.
1.2
BLlIl�IANIG PERMIT FI ES
18. Building permit fees may be increased from time to time, as long as
said permit fees are applied consistently to all other similar developments in the
Village to the extent possible. In the event a conflict arises between the Developer
and Village on any engineering or technical matter 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 subdivision. The Village
reserves the right to amend its Building and/or Subdivision Regulations, from time
to time. Dcveloper shall pay any non-discrimiriatory new or additional fees
hereafter charged by the Village to developers of property within the Village.
SECURITY FOR, PUBLIC AND PRIVATE SITE E IMPROVEMIEI�TS.. ....._ ----
19. In lieu of any bonds or deposits required for site improvements under
Village Ordinances and Administrative: Order 1/2 made a part hereof as Exhibit E,
except for sanitary sewer inspection deposits and the Subdivision Improvement
P,greeme-nt cash deposit, the Developer may, at its election, furnish to the Village
an irrevocable letter of credit issued by a sound and reputable banking or financial
institution authorized to do business in the State of Illinois, or other security
acceptable to the Village, in an amount equal to the amount of bonds or deposits
required by Village Ordinances. Said irrevocable letter of credit or other security
shall be limited to the amount required for site irnprcvemen is specified in
Administra'Live Order #2 (including but not li.mitad to imps ove.rnents, both public
and private, such as earth work, strc e�.s, driveway, and parking area pavements,
sidetv elks, sanitary an storrn sewers, water rnains, drainage and storm reier.tion
facilities, site grading, street lighting, and landscaping) for those areas of the
Property which have received final subdivision approval by the Village. A.11
perforniance guarantees and approvals thereof shall be in accordance with Exhibit
E and in apprjved Subdivision Improvement Agrec:mc n.t.
13
FAC'ILITATION OF DE_VE1 ol'MENT
20. Time is of the essence of this Agreement, and that all parties will make
ever), reasonable effort to expedite the subject matters hereon . It is further
understood and agreed that the successful consummation of this .Agreement and the
development of the Property in the best interests of all the parties requires their
continued cooperation. The )developer does hereby evidence his intention to fully
comply with all Village requirements, his willingness to discuss any matters of
mutuai 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 Agreenicnt.
ENFORCEABILITY OF AGPI EMENT
21. This Agreement shalt be enforceable in any court of carr;petent
jurisdictia.I by any of the parties or by an appropriate action at law or ir, equity -to
secure the performance of the covenants herein, contained. If any p:rovisior: of this
Agreement is field invalid, such provision shall be deemed to be excised herefrom
and the invalidity thereof shall not affect any of the other provisions contained
herein.
TF.}tM OF AGIZE.EIvi1_INT
22. This Agreement will be binding; on all parties for a term of five (5) years
from the later of the date of the execution of This Agreement by the Village, cr the
cifectivc- date of the zoning reclassification provided in paragraph 4.
13 1\1D1 `G EFFECT nF /�,GIZ1-E.f%Al_NT
23. This Agreement shail be binding upon the parties hereto, their
resp�--Ctive successors aiic assigns provided, however, that in the. event Developer's
14
obligations hereunder are assumed in writing (and a copy of which assumption is
delivered to the Village) by a successor to Developer's interest in the Property, the
Village agrees to tool- solely to Developer's successor for the performance of
Developer's obligation hereunder.
D1✓V}�LMER CONTRIBUTIONS
24. Developer.agrees to comply with the provisions of Ordinance No. 77-72
regarding school and park donations in accordance with paragraphs 24 and 25 of
this Agreement.
Developer agrees that he will make contributions of money, in lieu of
contributions of land, for school sites. Such contributions shall be paid to the
Village concurrently with the issuance by the Village of the building permit for
each dwelling unit constructed on the Property. The contribution amount shall by
based upon the estimated number of children produced per dwelling unit as
estimated on the "Table of Estimated Ultimate Population Per Dwelling Unit", as
published by the Illinois School Consulting Service, except for School District 102
which contribution will be In excess of such table. The most recent such Table was
published on January 15, 1977, and was incorporated herein as Exhibit F. Pursuant
to such Table, the amount to be contributed is as fellows;
A. 11 For each dwelling unit: containing, three ( ) bedrooms, the
amount of $369.57.
2. For each dvlelliiig unit containing two (2) bcdroorris, the
amount of 5217.40
B. The total c nsh contribution to School District 102 for Parcel "k is
estimates} to be $67,400.00,
and the total cash cointi-ilbution -to School District 125 for Parcel A is
estimated to be $12,382.50.
These cone-)*butions do not: pci-Lain to Parcel B, and the Vj la`e may reclu11-0
contributions as to Parcel B upon th,•a development thereof, or at a later date.
�7
)er agce_,L)evclor• ,s
r to rnake contributions to 1_ih• ;-
accordance
t ra Y and J'
any fuiure Vii1a e :re 1�i5ir"c
Ordi;,arrCes r : 'ts in
extent t!�e sar,�e are no,,) equiring such contributio=is
:scrlmir,3tory, to the
F
Drnz—,nTJON PA)cELs
�5` The parcels designated as bicycle
"Dedication Parcels") ) c!e paths or
Parcels") .. shown o for park/dr'te��Lion {thy,
n L-. t fl, shall be deeded by the Village at the time of the recordin } trustee' ,
s deed to
the Pro g of the p.(at of subdivision of
1-erty containing such Dedication that
portion of
Plan. Parcel, as shall be shown o th_,
Ht L)evcloper's expense, Developer
Y In the 1 basing
insurance polio shall provide
e amount of O the Village with a -title
one
Thousand Do_►lars .00
Dec!icaterl p,-'reels.
Developer will cause to } regarding the
portions be Prepaid and will dell,,
! of the Prapej-ty Which are to be
'el- plats of a!I
warrants °t!,a•t all rea conveyed and
/or dedicated, and DV1 f 1opAr
1 estatte -taxes
f inclr,ding any du31 �,.
Ile dale of a:_cc�J>>':ance r aluation real estate ..will
taxes to
be paid. - All dedications s ,
require;r;ents of Vila e ha.i
h - C�)rc,tnance cenfarr;-, with the
77-72 and an ,
lleeeloper- and the Village } with
a he n_ greer71ent.s between
ark District, .f re
agrees fn quested by t!-ie 1'iI! _
convey, a
to the Village within 30 days "e the ll _vclo,Dei-
future right-of-�, )s of such
ay of Buffalo request the
Grove land ij; tf�e
Road and/or the Dove► , - , J3usclF I:a�d. r
oper mill con Vey At the ViIlage's
y this land by ei her < .
of right-cf-ova Y (I) a ,ju�t�,e,s
Medication, or deed, (2) a plat
(3) in conjunctian vrith a ,lat of
i:he pJ�ases• � subdivis_r'
on of one of
P R01
26. The Village agrees to permit t
riic3d�, , he IUevelopc�r to cans
(_r(a or' t)-re I,ropnr tr uct anti
t}, consis m�?intairl a
of
"'Odell a maxirrunr o{
cell in- a thro—
J roc thc:r t>�ith suitable off-Street parlcirtg a;°ec�;, all st:bject t
o APPear-
a.nce Commission approval. Such construction shall be in compliance with the
provisions of the Village's Building Code, in existence at the time of building
permit issuance. Further, the Developer may utilize models or a residence as a
project office for the marketing of portions of the Property, provided, however,
that such use snail be discontinued when the project contemplated herein has been
fully and finally completed.
CORPORATE CAPACITIES
27. The parties acknowledge and agree that the individuals who are
members of the group constituting the Corporate Auihorities are entering into this
Agreement in their official capacities as members of such group and shall have no
personal liability in their individual capacities.
NOTICES
29. Any notice required pursuant to the provisions of this Agreement stall
be in writing and sent by certified mail, to the follov ing addresses (until notice of
change of address is given), and shall be deerned received on the second business
day following deposit in the U.S. Mail:
If to Developers Dearborn Development Co.
P.O. Box L
Prospect Heights, I11. b0070
Copy to Martin F. HUuseiman
39 South. LaSalle Street
Chicagc, Illinois
If to Village; Village Clerk
Village of Buffalo Grove
50 RaL)pp Boulevard
Buffalo Grove; Ill. 60090
Cope to Bloche French & Raysa
10 i I Lake Sheet
Oak Park, Illinois
Attn: William, Raysa
TI:USTI:l EXECUTION
29. This instrument is executed by CHICAGO TITLE AND TRUST
COMPANY, not personally, but solely as 'trustee aforesaid, in the exercise of the
power and authority conferred upon and vested in it as such Trustee. All the
term.,, provisions, stipulations, covenants and conditions to be performed by the
Trustee are undertaken by it solely as Trustee, as aforesaid, and not individually
afrd all statements herein made are made on information and belief and are to be
construed accordingly, and no personal liability shall be asserted or be enforceable
against the Trr.istee by reason of any of the terms, provisions, stipulations,
r�`•
covenants and/or statements contained in this instrument.
DEFAULT
'Q In the event Developer defaults in his performance of his obligations set
forth in this Agreement, and at such time, the Village is not in default in its
obligations, then the Village may, upon notice to Developer, allow Developer one
hundred eighty (180) days to cure such 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 Developer fails to cure such default or provide such evidence as provided
above then with notice to Developers the Village may begin proceedings to
disconnect from the Village any portion of the Property upon which developm-nt
has not commenced, or at the' option of -the Village to rezone Parcel A to the R-1
District zoning classification. In such event, this Agreement shall be considered t.o
he the petition of the Developer to disconnect such portion of the Property, or at
the optioln of the Village to rezone Parcel A to the R-1 District Zoning
0assification.
n
Cti
III WITNTTESS WHEREOP9 t;�e Corporate Authorities, Owner and lieveloper
have caused this instrument to be executed by their respective proper officers duly
authorized to execute the same on the day and year first written above.
ATTEST.. THE VILLAGE OF BUFFALO GROVE,
a Municipal Corporation of the
State of Illinois
Village Clerk <f;' �r_,,;.�,�;/ Vii age President
I9
ATTEST. CHICAGO TITLE AND TRUST
COMPANY,
not personally but as Trustee under
a Trust Agreement dated December
G, 1972 and know;i as Trust No. 01142
l
� , '1✓If',r' J'f �. 'rs -.-� ]3�• .�`e L—Z=�_.L�., / /�'� Cf
Aa5J. sEcfaF.rA,�k
_ olio
E RT N. HOFFMAN "V111
I
ATTEST: DEARBORN Dl?VELQPR4E''N
COMPANY, ?
an Illinois corporation 1 �
_
� cf-etary -� Pr id
f
l
20
August 10, 1;979 '
AN AGREEMENT
The following is an agreement between the Board of Commissioners
of the Buffalo Grove Park District, Buffalo Grove, Illinois
(hereinafter known as the "District") and, Dearborn Development
Co. , ?•:r. Sonny LaBrant, president, Arlington Heights, Illinois
(hereinafter knotiti,n as the "Developer") regarding open space
donations from the "Developer" to the "District" that have
been determined by population projections engendered by the
"Hidden Lakes" development project at Busch Road and Buffalo
Grove Road (extended) , Buffalo Grove, Illinois:
1. The "Developer" shall donate to the "District" and
active-use site designated as "open space D" of
approximately 1. 25 acres, located at the southeast
corner of the subject development and identified on
the preliminary plan dated last revised 7/18/79.
Said donation shall be monitored in accordance with
the regulations of the Village of Buffalo Grove as
set out in Village Ordinance 77-72.
2. The "Developer" shall donate to the "District" an
area for a paved bi_3:epath and designated as "open
space C" of approximately B.54 acres, located on the
south borderof the subject development in an east-west
congiguration, and in addition, shall provide a
connecting paved bikepath inside "open space D"
adjacent to the north border of "open space D".
Said donation shall be monitored all in accordance
with the preliminary plan dated 7/1-8/79 with the
regulations of the Village of Buffalo Grove as set
out in Village Ordinance 77-72.
3. The bikepath system and design of "open space D" shall
be coordinated with the active--,se provisions and
detention requirements of the adjoining 2.5. acre park-
detention site of the Hoffman Group development known
as "Highland Grove" , all in accordance with the approved
engineering plans for the project and land-use plans
of the "District" .
4. The "Developer" shall donate the sum of $48,500.00 "in
lieu" of the provisions for active-use land donation
requirements not being met. Said donation having been
determined mutually by the "Developer" and the "District"
in negotiations at the regular meeting of the Board of-
Commissioners of August 9, 1979, and all monies to be
collect•_d in escrow by the Village, according to provisions
in its Ordinance #77-72.
Dearb Wev op �Tt Co. B f to Grove Park istrict
Presi P ident