1979-035 ORDINANCE 110. 79- 35
AN ORDINANCE ANNEXING CE.RTAI.I TERRT.TORN TO THE
VILLAGE OI' BUFFALO GROVE, ILI,TNOIS (Dearborn
Develo} ment Co. a/k/a lii.dut,n Lakes �
WHEREAS, a written petition signed by the owners of record of
all of the land in the territory hereinafter described, request-
ing the annexation of such territory to the Village of Buffalo
Grove, has been filed with the Village Clerk of the Village of
Buffalo Grove; and
WHEREAS, said territory is not within the corporate limits of
any rranicipality, but is contiguous to the Village of Buffalo
Grove; and
WEREAS, such territory has no electors residing therein; and
WHEREAS, notice of the proposed annexation of such, territory
has beeri given to the Long Grove Rural Fire Protection District,
the Vernon Township highway Co>m►ission, the Vernon Township Board
of Auditors, and the Vernon Area Public Library District, as pro-.
vided by law, a copy of which Notice has been reccrded in the
Office of the Recorder of Deeds, of Lake. County, Illinois, aXid
1�'IiEREAS, it is in the best interests of the Village of Buffalo
Grove that such territory be annexed to the Village of Buffalo
Grove.
NOW, THEREFORE, BE IT ORDAINED F.y TIIE PRESIDENT AND ro"PID OF
TRUSTI;I;S OF THE VILLAGE OF BUFFALO GROVE, COOK AMID LAKE COU%dT7) S,
IL,LINOIS, as follows :
Section 1: That the te- -rit:ory legally described as :
(A) The southi•icst quarter of the southrtcst quarter of Section 28;
(I3) The west 10.0 acres of the southeast quarter of the southwest quarter
of Section 2.8;
and the following adjacent right of ways described as:
(C) The south 33 feet of the northwest quarter of the south%,!est quarter of
Section 28;
(D) The south 33 feet of the northeast quarter of the southwest quarter of Section
28 contiguous to the nest 10 acres of the southeast quarter of thc- southwest
u)rtcr of said Section 28.
All of Cite above described trails are a part of Section 28, Township 1t3 I!01-1.11,
R.mgr 11 East, of the. Third Principal 1leric:i.:n, Lakc County. Illinois.
-2-
be and it is hereby anii=ed to the Village of Buffalo Grove. A
true and correct map of said territory is attached hereto and
made a part of this Ordinance.
Section 2: The Village Clerk of the Village of Buffalo Grove
is hereby directed to cause to be filed in the Office of the Re-
corder of Deeds of Lake County, a copy of this Ordinance with an
accurate map of the territory annexed.
Section 3: The-Villa-ge Clerk of the Village of Buffalo Grove
is hereby directed to report this annexation by certified or re-
gistered mail to the election authorities having jurisdiction in
the territory and to the post office branches serving the terri-
tory within 30 days of this annexation.
Section 4: This Ordinance shall be in full force and effect
from and after its passage and approval as provided by law.
AYES: Marienthal, NAYES: 2 - Stone, O'Reilly ABSENT: 0 - Mone
Hartstein, Kavitt,
Gerschefske
PASSED this 20t , day of August ,1979.
APPROVED this 20th _day of August ,1979.
APPROVED:
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ATTEST:
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ANNEXATION AGREEMENT
This Agreement (hereinafter referred to as the "Agreement") made and
entered into this 4Q� day of , 1979, by and between the
VILLAGE OF BUFFALO GROVE, ILLIN IS (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 Trustee under a Trust Agreement dated
December 6, 1972 and known as Trust No. 61142, (whose beneficiaries are GEORGE
MARIiNAKiS and JOHN P. KARAHALIOS) and ROBERT N. HOFFMAN (hereinafter
collectively referred to as the "Owner"); and DEARBORN DEVELOPMENT COMP
ANY, an Illinois corporation, (hereinafter collectively with its successors and
assigns with respect to the Property hereinafter defined referred to as "Devel-
oper").
WITNESSETH:
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 the R-9 Zoning District Class of the Villag, Zoning
Ordinance with a Special Use Planned Development as to Parcel A and the R-1
Zoning District Class of the Village Zoning Ordinance as to Parcel B (referred to
herein as the "Zoning Ordinance"), to develop the Property in accordance with and
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pursuant to a certain general development plan prepared by Johnston & Associates,
as revised through 8/10/79 and also a preliminary engineering plan prepared by
Jahraus Engineering, Inc., dated as last revised 8/2/79 (hereinafter jointly referred
to as the "Preliminary Plan"), a copy of .which proposed Preliminary Plan is
attached hereto as Exhibit B and Exhibit H and incorporated herein, and subject to
all other Exhibits identified in paragraph 8 herein; said development of Parcel A to
contain two hundred sixty two (262) residential dwelling units; and shall be subject
to all ordinances, codes and regulations of the Village, as amended from time to
time, including those variations specifically described in this Agreement.
WHEREAS, pursuant to the provisions of Section 11-15.1-1, et seq. of the
Illinois Municipol Code (Chapter 24, 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 hearing was held thereon
pursuant to notice as provided by statute.
WHEREAS, pursuant to due notice and advertisement in the manner
provided by law, the Plan Commission of the Village has held such public hearings
prescribed by law with respect to the requested zoning classification of R-9 Special
Use Planned Development as to Parcel A and R-1 Singh Family Zoning Classifi-
cation as to Parcel B and has submitted to the Corporate Authorities its
recommendations concerning such zoning and special use.
NOW, THEREFORE, in consideration of the promises and mutual covenants
and agreements hereinafter set forth, the parties hereto agree as follows:
APPLICABLE LAW
1. This Agreement is made pursuant to and in accordance with the
provisions of Section 11-15.1-1 et seq., of the Muncipal Code.
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2 �.
AGREEMENT COMPLIANCE AND VALIDITY
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 7-1-8 of the
Municipal Code, conditioned on the execution of this Agreement and the com-
pliance with the terms and provisions contained herein, to annex the Property to
the Village. It is understood and agreed that this ,Agreement, in its entirety,
together with the aforesaid petition for annexation, shall be null, void and of no
force and effect unless the Property is validly annexed to the Village and,is validly
zoned and classified under the Zoning Ordinance in accordance with Article VI,
Section S, R-9 Special Use Planned Development zoning classification as to Parcel
A, and Article X, Section 2, R-1 Single Family zoning classification as to Parcel B,
all as contemplated in this Agreement.
ENACTMENT OF 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.
ENACTMENT OF ZONING ORDINANCE
4. Within fourteen (14) days after the passage of the Annexation Ordinance,
the Corporate Authorities shall adopt a proper, valid and binding ordinance zoning
and classifying Parcel A in the R-9 zoning district with a Special Use Planned
Development, for the construction of a planned unit development containing 262
residential dwelling units in conformance with all exhibits and conditions 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
the applicable ordinances of the Village and classifying Parcel B in the R-1 zoning
district. 4
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APPROVAL OF PLATS
5. The Corporate Authorities agree to approve a preliminary plat 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 terms of this Agreement and all applicable Village
Ordinances; and
C. File with the Village a fully executed SIA (Subdivision Improvement
Agreement).
AMENDMENT OF PLAN
6. If the 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 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
Plan.
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WATER PROVISION
7. The Developer shall be permitted and agrees to tap on to the Village
water system at the points recommended by the Village Engineer, and pay to the
Village such fees for such tap-ons in accordance with the applicable Village
Ordinances at the time of issuance of the water and sewer permits. The Developer
agrees to accept any increase in water rates and tap-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 Plan, Preliminary Plat and Final Plat of Subdivision. Water mains
serving the Property, and those approved as part of this development, shall be
installed by 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 part of the
Village water main system and maintained by the Village.
EXHIBITS
8. The following exhibits, which were presented in testimony given by the
Developer or other witnesses during the hearings held before the Plan Commission
and the Corporate 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 will be available for inspection by the parties hereto:
Plat of Annexation Exhibit A
Preliminary Plan
(Phasing Plan) Exhibit B
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Petition for Annexation Exhibit C
Manual of Practice Exhibit D
Performance Guarantees Exhibit E
Illinois 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 Vernon 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 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. The Developer
agrees to pay the Lake County Sanitary Sewer System Improvement Fee of Three
t
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Hundred Dollars ($300.00) per dwelling unit, or any additional charges required by
ordinance or resolution subsequent to this Agreement applied consistently to all
other similar users in the Village.
9. B. The Developer shall also construct any storm sewers which may be
necessary to service the property. 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. The private property owners
shall maintain that portion of the storm sewer system which exclusively serves
private parking areas or other private property. It is agreed that downstream
drainage improvements may be required on the Farrington Ditch and the Developer
may be required to. perform engineering studies and construct certain improve-
ments or pay a recapture fee to the Village if another developer should proceed to
perform the necessary studies or.!construct these drainage improvements; the
Developer's cost shall not exceed 28.6% of the total cost 7 ofe said studies and
improvements necessary for interim drainage improvements such as dredging and
temporary bank stabilization. The Developer shall be fully responsible for the
permanent improvement of the Farrington Ditch from the point of discharge from
his property to the proposed Farrington Road culvert crossing. This permanent
improvement shall include acquisition of drainage and utility easements, grading,
hydromulch seeding, establishment of lawn type grass cover and construction of a
maintenance access path. The payment of 28.6% of the interim drainage
improvement costs is due within 30 days of receipt of Village notification of the
interim improvement costs. The permanent Farrington Ditch improvements shall
be constructed within one year from the date of plat approval of Phase II.
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DEVELOPER RECAPTURE OF UTILITY COSTS
10. It is further understood and agreed that a portion of the 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-
ments), may be required by the Village to be so located and/or oversized as to
benefit neighboring properties not owned 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 portion of 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 owners 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 within
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, collecting and
remitting fees, executing and recording appropriate recapture documents, and any
other lawful means available to the Village. It is understood that the extension by
Developer of the 16-inch water main lying in Busch Road constitutes an integral
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part of the Village 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 payment 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
"Manual 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 into a Subdivision Improve-
ment Agreement at the time of filing the final Plat or Plats of Subdivision in form
acceptable to the Village.
STREET AND PARKING AREA PROVISIONS
13. The Developer agrees that all streets and parking areas are to be
constructed in accordance with Village Standards including pavement, curb, and
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lighting 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. DESIGN STANDARDS FOR MINOR STREETS AND PARKING AREAS.
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 conform
to all Village Standards including right of way standards for minor streets.
B. COLLECTOR 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 from Busch Road to Buffalo Grove Road prior to the issuance of any
occupancy permit for Phase If of the development.
C. BUFFALO GROVE ROAD. Developer agrees to dedicate 50 feet for the
east half right of way 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 improvement including appurtenances from Busch Road south to the
southernmost point of the subject property shall be consistent with the Engineering
Design Plans to be prepared by Midwest Consulting Engineering, Inc., and shall be
completed prior to the issuance of any occupancy permit for Phase II of the
development. It is agreed that at the Village's discretion a cash contribution for
the construction of Buffalo Grove Road will be paid by the Developer in lieu of
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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 along
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 IMPROVEMENT. The improvement of the full width of
the east leg of the Busch Road and Buffalo Grove Road intersection as identified
by Midwest Consulting Engineering, 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 intersection with the collector street in
conjunction with Phase I.
BUILDING AND LANDSCAPING 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 commencing con-
struction of buildings. It is further agreed that the Developer shall submit to the
Appearance Commission and Corporate Authorities for examination and approval a
proposed plan for each different model multi-family building to be constructed
upon the Property. Developer further agrees that in the event no plan for
construction for Parcel B has been approved by the completion of Phase II of the
development, Parcel B will be graded and seeded with prairie grass upon the
completion of Phase II of the development.
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DRAINAGE PROVISIONS
15. Developer shall fully comply with any reasonable request of the Village
Engineer related to placement of buildings on lots, to preserve drainage standards.
Developer 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. The submissions required by Developer by this paragraph 15 shall
not be required until Developer is prepared to apply for building permits, however,
all submissions will comply with the provisions of Exhibit G of this Agreement. In
the event the property is developed as condominiums, upon the recordation of the
declaration of condominium, the Developer agrees to donate $50.00 per condo-
.. "✓_ ...
minium unit to the condominium homeowners association for the sole and exclusive
purpose of the maintenance and care of the privately owned pond areas located on
Parcel A.
LIBRARY DISTRICT PROVISIONS
16. Developer agrees, at the request of the Vernon Area Library District, to
annex any part or all of the Property to said library district.
PARK DISTRICT PROVISIONS
17. The Developer agrees, at the request of the Buffalo Grove Park
District, to annex any part or all of the Property to said park district. The
Developer has reached agreement with the Buffalo Grove Park District in
satisfaction of Ordinance No. 77-72 concerning parks. This agreement is attached
as Exhibit J to this Agreement.
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BUILDING PERMIT FEES
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. Developer shall pay any non-discriminatory new or additional fees
hereafter charged by the Village to developers of property within the Village.
SECURITY FOR PUBLIC AND PRIVATE SITE IMPROVEMENTS
19. In lieu of any bonds or deposits required for site improvements under
Village Ordinances and Administrative Order #2 made a part hereof as Exhibit E,
except for sanitary sewer inspection deposits and the Subdivision Improvement
Agreement 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 improvements specified in
Administrative Order #2 (including but not limited to improvements, both public
and private, such as earth work, streets, driveway, and parking area pavements,
sidewalks, sanitary and storm sewers, water mains, drainage and storm retention
facilities, site grading, street lighting, and landscaping) for those areas of the
Property which have received final subdivision approval by the Village. All
performance guarantees and approvals thereof shall be in accordance with Exhibit
E and an approved Subdivision Improvement Agreement.
13
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FACILITATION OF DEVELOPMENT
20. Time is of the essence of this Agreement, and that 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 Developer 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.
ENFORCEABILITY OF AGREEMENT
21. 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 contained. If any provision of this
Agreement is held invalid, such provision shall be deemed to be excised herefrom
and the invalidity thereof shall not affect any of the other provisions contained
herein.
TERM OF AGREEMENT
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, or the
effective date of the zoning reclassification provided in paragraph 4.
BINDING EFFECT OF AGREEMENT
23. This Agreement shall be binding upon the parties hereto, their
respective successors and assigns provided, however, that in the event Developer's
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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 look solely to Developer's successor for the performance of
Developer's obligation hereunder.
DEVELOPER 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 be
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 follows:
A. 1. For each dwelling unit containing three (3) bedrooms, the
amount of $369.57.
2. For each dwelling unit containing two (2) bedrooms, the
amount of $217.40
B. The total cash contribution to School District 102 for Parcel A is
estimated to be $67,400.00,
and the total cash contribution to School District 125 for Parcel A is
estimated to be $12,382.50.
These contributions do not pertain to Parcel B, and the Village may require
contributions as to Parcel B upon the development thereof, or at a later date.
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Developer agrees to make contributions to the Library and Fire Districts in
accordance with any future Village Ordinances requiring such contributions to the
extent the same are non-discriminatory.
DEDICATION PARCELS
25. The parcels designated as bicycle paths or for park/detention (the
"Dedication Parcels") as shown on Exhibit B, shall be deeded by trustee's deed to
the Village at the time of the recording of the plat of subdivision of that portion of
the Property containing such Dedication Parcels as shall be shown on the Phasing
Plan. At Developer's expense, Developer shall provide the Village with a title
insurance policy in the amount of One Thousand Dollars ($1,000.00) regarding the
Dedicated Parcels. Developer will cause to be prepaid and will deliver plats of all
portions of the Property which are to be conveyed and/or dedicated, and Developer
warrants that all real estate taxes, including any dual valuation real estate taxes to
the date of acceptance will be paid. All dedications shall conform with the
requirements of Village Ordinance 77-72 and any subsequent agreements between
Developer and the Village Park District. If requested by the Village the Developer
agrees to convey to the Village within 30 days of such request the land in the
future right-of-way of Buffalo Grove Road and/or Busch Road. At the Village's
option the Developer will convey this land by either (1) a trustee's deed, (2) a plat
of right-of-way dedication, or (3) in conjunction with a plat of subdivision of one of
the phases.
PROJECT MODELS
26. The Village agrees to permit the Developer to construct and maintain a
model area on the Property, consisting of a maximum of three (3) buildings for the
model area, together with suitable off-street parking areas, all subject to Appear-
.
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ance 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 shall 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 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.
NOTICES
28. Any notice required pursuant to the provisions of this Agreement shall
be in writing and sent by certified mail, to the following addresses (until notice of
change of address is given), and shall be deemed received on the second business
day following deposit in the U.S. Mail:
If to Developer: Dearborn Development Co.
P.O. Box L
Prospect Heights, Ill. 60070
Copy to Martin F. Hauselman
39 South LaSalle Street
Chicago, Illinois
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Ill. 60090
Copy to Bloche French & Raysa
1011 Lake Street
Oak Park, Illinois
Attn: William Raysa
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TRUSTEE 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
terms, provisions, stipulations, covenants and conditions to be performed by the
Trustee are undertaken by it solely as Trustee, as aforesaid, and not individually
and 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 Trustee by reason of any of the terms, provisions, stipulations,
covenants and/or statements contained in this instrument.
DEFAULT
30. 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 Developer, the Village may begin proceedings to
disconnect from the Village any portion of the Property upon which development
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 to
be the petition of the Developer to disconnect such portion of the Property, or at
the option of the Village to rezone Parcel A to the R-1 District Zoning
Classification.
2015694
18
IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer
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
r f I Village President
UP
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a
2015694
19
ATTEST: CHICAGO TITLE AND TRUST
COMPANY,
not personally but as Trustee under
a Trust Agreement dated December
6, 1972 and known as Trust No. 61142
By:
�' / (y �µ 5yry,yn Am.VICE PRES WEN
d flu ♦ d Oy %R�RETA.u'y,l' ..�—
��j� R�Ir �Wsr" 'p"y �} �('N �o� y�
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BE T . HOFFMAN
" ' DEARBORN DEVELOPMEN
t COMPANY,
an Illinois corporation
ecre ary Presi
2015694
20
gust 101 1979
AN AGREE1iE1dT
The follo;,ing 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 known 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 bil:epath and designated as "open
space C" of approximately 0. 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 spL:ce D" .
Said donation shall be monitored all in accordance
with the preliminary plan dated 7/18/79 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-use provisions and
detention requirements of the adjoininq 2.5', acre park-
detention site of the 13offman 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 tine Board of
Commissioners of August 9, 1979, and all monies to be
collect-_,:, in escrow by the Village, according to provisions
in its Ordinance $77--72.
-- /` 9�i
Dearb ropir t t Co. B Grove Park��istrict
Presi ici, �' Pnt
2 415.6 9
. �%r//x-i�iJ C-(�jI�C.P�•�_��-Q�CC%�''�-E'r'�t1�1n L�
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK & LAKE )
I , JANET M. SIRABIAN , hereby certify that I am the duly
elected, qualified and acting VILLAGE CLERK of the Village of
Buffalo Grove, Counties of Cook and Lake, Illinois,- and the keeper
of its seal and records.
I hereby further certify that the attached is a true copy
of Ordinance No. - adopted on the O�+ day of
19-l')910 by the Village Board of the Village
of Buffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed
the seal of the Village of Buffalo Grove aforesaid, at said Village,
in the County and State aforesaid, this < day of
19 _• ; � r
Village Clerk s Urs
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:
FP a�
71
RECORDER LAKE COUtiTY, ILL.i
N(M,,
1 &UG 22 ;r 1