1988-030 2681374
FEC "ER
I92j3 MAY 12 A l i: n;;
STATE OF ILLINOIS ) ✓
SS.
COUNTY 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 the original
of Ordinance No. 88-30 adopted on the 7 day of
March , 19 88 , by the Village Board of the Village
of Buffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, I 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 23 day of March'.-.
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ORDINANCE NO. 88-30
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
(Amli 88-acre Pro-ert )
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the Illinois Constitution of 1970; and,
WHEREAS, there has heretofore been submitted to the Corporate
Authorities of the Village of Buffalo Grove a petition to annex the property
legally described in Exhibit A hereto; and,
WHEREAS, there has been submitted to the Corporate Authorities of the
Village of Buffalo Grove an Annexation Agreement; and,
WHEREAS, it is determined to be in the best interest of the Village of
Buffalo Grove to approve said Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. The Annexation Agreement, a copy of which is attached hereto
and made a part hereof as Exhibit A is approved.
Section 2. The President and Clerk of the Village are hereby authorized
to execute said Agreement on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and
afters its passage and approval. This Ordinance shall not be codified.
AYES:_
5 - Marienthal, Glover, Shields, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shifrin
PASSED: March 7 1988 APPROVED: March 7
1988
:1
ATTEST: Ajv �f.�. {;, APPRO
Villa ex ei't �'F. r'i%' VERNA L. CLAYTON Villa ge, President
n s•
3/7/88*
AMLI 88-ACRE PROPERTY
ANNEXATION AGREEMENT
Table of Contents
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. A reement: Cop liance and Validity. . . . . . . . . . . . . . . . . . . . . . .2
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . .3
4. Enactment of_ Zonin8 Ordinance. . . . . . . . . . . . . . . o . . . . . . . . . . . . .3
5. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
6. Com liance with A plicable Ordinance. . . . . . . . . . . . . . . . . . . . . .4
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
8. Buildin& Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Water Provision... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . .5
11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
12. Owner Recapture of Utility Costs. . . . . . . . . . . . . . . . . . . . . . . . . .7
13. Payment of Reca ture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
14. Security for Public and Private Site Im rovements. . . . . . . . .8
15. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
16. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
17. Building, ,LandscapipE and Aesthetics Plans. . . . . . . . . . . . . . . .9
18. Declaration of Covenants, Conditions and Restrictions. . . . .9
19. Project Models. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
20. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
21. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 10
22. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
23. Annexation to the Buffalo Grove Park District. . . . . . . . . . . .10
24. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
25. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . 11
26. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
27 Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
28. Corporate Ca acities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
29. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
30. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
31. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
32. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
AMLI 88-ACRE PROPERTY
ANNEXATION AGREEMENT
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3/7/88*
AMLI 88 -ACRE PROPERTY
ANNEXATION AGREEMENT
This agreement (hereinafter`referred to as the "Agreement") made and entered
into this 7th day of March, 1988, 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 The American-National Bank and Trust Company as trustee under
Trust Agreement dated November 18, 1986 and known as Trust No. 100600-02 (herein-
after referred to as "Owner") , and Zale Groves, Inc. , an Illinois corporation
(hereinafter referred to as "Developer") .
W I T N E S S E T H:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of real estate
comprising approximately 87.42 acres legally described and identified in the
attached EXHIBIT A all in Lake County, Illinois, and which real estate is
contiguous to the corporate limits of the Village; and,
WHEREAS, the Village of Vernon Hills has purported to annex a strip of land
extending 33 feet south of the quarter section line on the northernmost boundary
of the real estate, the real estate to be annexed hereunder shall exclude said
strip. Real estate to be annexed shall hereinafter be referred to as the
"Property", and is legally described in the attached EXHIBIT B; and,
WHEREAS, Owner desires and proposes pursuant to the provisions and regu-
lations applicable to the R-2 (One-Family Dwelling) District of the Village
Zoning Ordinance to develop Property in accordance with and pursuant to a certain
Preliminary Plan prepared by the Balsamo/Olson Group, Inc. and dated as last
revised February 9, 1988, and also Preliminary Engineering Plan prepared by
1
Donald Manhard Associates and dated as last revised March 1, 1988, (hereinafter
jointly referred to as the "Preliminary Plan") , a copy of which Preliminary Plan
is attached hereto as EXHIBIT D, EXHIBIT E and E-1 and incorporated herein, and
subject to all other exhibits attached hereto or incorporated by reference
herein. Said development of Property shall contain 133 lots for single-family
detached housing for an overall density of 1.5 dwelling units per acre.
WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. , of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) and as the
same may have been modified by the Village's Home Rule Powers, a proposed
Annexation Agreement, was submitted to the Corporate Authorities and a public
hearing was held thereon pursuant to notice as provided by Statute; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission of
the Village has held a public hearing and made their recommendations with respect
to the requested zoning classification of the R-2 District; and,
WHEREAS, the President and Board of Trustees after due and careful consid-
eration have concluded that the annexation of the Property to the Village and its
zoning and development on the terms and conditions herein set forth would further
enable the Village to control the development of the area and would serve the
best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree as follows:
1. Applicable Law. This Agreement is made pursuant to and in accordance
with the provisions of Section 11-15. 1-1 et. seq. , of the Illinois Municipal Code
(Chapter 24, Illinois Revised Statutes 1985) and as the same may have been
modified by the Village's Home Rule powers. The preceding whereas clauses are
hereby made a part of this Agreement.
u ^
2. Agreement: Compliance and Validity. The Owner has filed with the
Village Clerk of the Village a proper petition to annex the Property pursuant to
and in accordance with provisions of Section 7-1-8 of the Illinois Municipal Code
(Chapter 24, Illinois Revised Statutes 1985) and as the same may have been
modified by the Village's Home Rule powers, conditioned on the execution of this
Agreement and the compliance with the terms and provisions contained herein. 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 Property is validly annexed to the Village and is validly zoned and
classified in the R-2 District, all as contemplated in this Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities within
twenty-one (21) days of the execution of this Agreement by the Village will enact
one or more a valid and binding ordinances (hereinafter referred to as the
"Annexation Ordinances") annexing Property to the Village. Said Annexation
Ordinances shall be recorded with the Lake County Recorder's Office.
Recordation shall take place no more than thirty (30) days after enactment of
Annexation Ordinances.
4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall adopt a
proper, valid and binding ordinance, zoning Property in the R-2 District 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 Plan (EXHIBITS D, E, and E-1) attached hereto.
5. Approval of Plats. The Corporate Authorities hereby approve a Prelimi-
nary Plan (EXHIBITS D, E, and E-1) pursuant to the provisions of the Development
Ordinance and in addition agree to approve a Final Plan of Development or plats
3
or phases of the development of Property upon submission by the Developer 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 Developer provided that the plat
or plats shall:
(a) conform to the Preliminary Plan, (EXHIBITS D, E, and
E-1) ; 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 C) as
amended from time to time.
6. Com liance with A' licable Ordinances. The Developer agrees to comply
with all ordinances of the Village of Buffalo Grove as amended from time to time
in the development of the Property, provided that all new ordinances, amendments,
rules and regulations relating to zoning, building and subdivision of land
adopted after the date of this Agreement shall not be arbitrarily or discrimina-
torily applied to the Property but shall be equally applicable to all property
similarly zoned and situated to the extent possible. Developer, 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.
7. Amendment of Plan. 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. The
Corporate Authorities may, at their sole discretion, require additional public
hearings and may review the commitments of record contained in this Agreement,
including, but not limited to fees, prior to final consideration of any change in
the Preliminary Plan. The Village Manager is hereby authorized to approve such
minor changes as he deems appropriate, provided that no such changes--(a)
4
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. Any change shall be in the Village's sole discretion. The Village
may, in its sole discretion, make the Developer's requested change without an
amendment to this Agreement.
8. Building 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 Developer and the Village on any engineering and technical
matters subject to this Agreement, the Village reserves the right to pass along
any and all additional expenses incurred by the use of consultants in the review
and inspection of the development from time to time. Developer shall pay any
non-discriminatory new or additional fees hereinafter charged by the Village to
Developer or property within the Village.
9. Water Provision. The Developer shall be permitted and agrees to tap on
to the Village water system at points recommended by the Village Engineer which
points to the extent shown on EXHIBITS E and E-1 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 Developer further
agrees to pay to the Village such fees in accordance with the applicable Village
Ordinances at the time of the issuance of the water and sewer permits. The
Developer agrees to accept any increase in water rates and tap on fees provided
such rates and fees apply consistently to all other 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 Plan. Watermains
serving the Property and those approved as part of the development shall be
5
installed by the Developer and, except for service connections to the buildings
shall, upon installation and acceptance by the Village through formal acceptance
action by the Corporate Authorities, be dedicated to the Village and become a
part of the Village water system maintained by the Village.
10. Storm and Sanitarx Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Developer and to
use their best efforts to aid Developer in obtaining such permits from govern-
mental agencies having jurisdiction as may be necessary to authorize connection
from the proposed development to the Lake County Public Works Department for the
collection of sewage and to the Lake County Division of Transportation as may be
appropriate. The Developer shall construct on-site and off-site sanitary sewers
as may be necessary to service the Property, as per EXHIBITS E and E-1, 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 such systems, except for
sanitary sewer service connections. The Developer agrees to accept any increase
in sewer rates and tap on fees, provided that such fees and rates are applied
consistently to all similar users in the Village to the extent possible.
B. The Developer shall also construct on the Property in question any
storm sewers which may be necessary to service the Property, as per EXHIBIT E,
and E-1, 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 Developer agrees to operate and maintain that portion of the storm sewer
6
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.
11. Drainage Provisions. The Developer shall fully comply with any request
of the Village Engineer related to the placement of buildings on lots, to pre-
serve drainage standards. The 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.
12. Owner Recapture of Utility Costs. It is further understood and agreed
that a portion of the sanitary sewer, storm sewer, and/or watermain to be
constructed and installed by the Developer to serve the proposed development on
the Property (hereinafter referred to as "Developer's Improvements") may be
required by the Village to be so located and/or oversized as to benefit vacant
neighboring properties not owned by the Developer, thus making such utility
e
service available thereto. The Corporate Authorities agree to adopt an ordinance
to permit the Developer to recapture from such vacant neighboring property owners
as may be benefitted by the Developer's Improvements, that portion of the actual
costs of oversizing the construction and installation of Developer's
Improvements, in such proportionate amounts from such neighboring property owners
as may be so benefitted as determined by the Village. Said recapture ordinance
shall only be enforceable for seven (7) years from its passage. The Village and
Developer agree to use their best efforts to cooperate to achieve the most
practical and feasible route to the off-site utilities connection points. The
Village agrees to cooperate with the Developer in effectuating recapture from
future developers as appropriate.
7
The Village shall be entitled to a five percent (5%) fee from any amounts
hereby recaptured as and for its collection efforts.
13. Payment of Recapture Fees Owed. Any amount of recapture, including for
sewer service, required to be paid by this Property shall be due and payable upon
Village approval of the first plat of subdivision of this development.
14. Security for Public and Private Site Improvements. Security for public
and private site improvements shall be provided in accordance with the Develop-
ment Ordinance, and the Development Improvement Agreement (EXHIBIT C) as amended
from time to time. Any letter of credit issued for such improvements shall be
drawn on a financial institution of net worth reasonably satisfactory to the
Village Attorney. The issuer may have an equitable or lending interest in the
Property provided that the letter of credit, either by its own terms or by
separate written assurances of the issuer, shall be honored irrespective of that
interest. The Village shall have the right to draw up to the full amount of the
letter of credit in order to complete, and have formal acceptance of, all im-
provements secured by the letter of credit.
15. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer 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 Legal Description - Less 33'
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan (Alternative A) by Balsamo/Olson, dated
February 9, 1988 (revised)
EXHIBIT E,E-1 Preliminary Engineering Plan - Street and Storm Sewer
8
Plan, dated March 1, 1988 (revised) and Sanitary Sewer
and Watermain Plan, dated February 16, 1988 (revised)
16. Annexation Fee. Developer agrees to pay an annexation fee in the
amount of $1,800 per dwelling unit which shall be payable at issuance of building
permits. However, this fee shall be paid in full prior to the expiration of this
Agreement.
17. Building, Landscaping and Aesthetics Plans. Developer will submit
building and landscaping plans (which landscaping plans shall conform to the
requirements of Village Ordinances) for approval by the Appearance Commission and
the Corporate Authorities before commencing construction of buildings. Lighting
and signage shall be compatible with surrounding areas. Phases not under con-
struction or completed shall be maintained in a neat and orderly fashion as
determined by the Village Manager.
18. Declaration of Covenants, Conditions and Restrictions. At the request
of the Village, which request will be made not later than the time of approval of
the Final Plat of Subdivision, the Property shall be subject to a declaration of
covenants, conditions and restrictions ("Declaration") which shall include but
not by way of limitation a provision whereby the Village shall have the right,
but not the obligation to enforce covenants or obligations of the association
and/or the owners of the units, both as defined and provided within the
Declaration, and further shall have the right, upon thirty (30) days prior
written notice (except in case of emergency) specifying the nature of a default,
to enter upon the Property and cure such default, or cause the same to be cured
at the cost and expense of the association or the owners. The Village shall also
have the right to charge or place a lien upon the Property 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 prior approval of the Village. The Declaration shall also
9
provide that the Association shall maintain any open space/detention areas as
directed by the Village.
19. Project Models. The Village agrees to permit the Developer to
construct and maintain one (1) model area on the Property at any given time,
consisting of a maximum of five (5) buildings, together with suitable off-street
parking areas, all subject to Appearance 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 only as a project office for the marketing of portions of the
Property. Such use shall be discontinued when the project contemplated herein
has been fully and finally completed.
20. Right of Way Dedication. Developer shall dedicate a right-of-way of
105 feet in width for the extension of Buffalo Grove Road as depicted in EXHIBITS
D and E. Developer shall also dedicate such additional right-of-way along Port
Clinton Road as may be required to permit the widening of the right-of-way to 54
feet south from the centerline as depicted in EXHIBITS D and E. Said dedications
shall be made at the time of final plat approval as approved by the Village
Engineer.
21. Park District Donations. Developer has complied with Title 19 of the
Buffalo Grove Municipal Code as set forth in the Annexation Agreement of Buffalo
Grove Estates (Amli 50-Acre Property) dated March 7, 1988. No further park
donation is required.
22. School District Donations. Developer agrees to comply with the pro-
visions of Title 19 of the Buffalo Grove Municipal Code as amended from time to
time regarding school donations. Developer agrees that it will make contribu-
tions of cash to the Village for conveyance to School District No. 125 according
to the criteria of said Title 19.
10
At the request of the Village, the site depicted as a school site of 2. 1
acres in EXHIBIT D shall be conveyed to the Village. Said donation shall fulfill
the Developer's obligation for School District No. 103. The site shall be graded
and seeded as approved by the Village Engineer. If the Village determines that
the 2. 1-acre site is inadequate for a school site, then the Village may require
contributions in cash pursuant to Title 19 in lieu of said donation of land.
23. Annexation to the Buffalo Grove Park District. The Developer agrees,
at the request of the Buffalo Grove Park District, to annex any part or all of
the subject Property to said Park District.
24. Facilitation of Develo ment. 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 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.
25. Enforceability of the A reement. 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.
11
26. 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.
27. Binding Effect of A reement. This Agreement shall be binding upon the
Property and the parties hereto, their respective successors and assigns.
28. Corporate Capacities. The parties acknowledge and agree that the
individuals that are member 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.
29. 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. Upon sale or
assignment of the Property to Developer and Developer's assignee, notices shall
be sent as directed by Developer.
If to Owner: Amli Properties Venture
100 S. Wacker Dr.
Chicago, Illinois 60603
Attention: John E. Allen, President
If to Developer: Edward Zale
Zale Groves, Inc.
100 Lexington Drive
Suite 100
Buffalo Grove, IL 60089
Copy to: James S. Gordon, Esq.
Attorney at Law
140 S. Dearborn Street, St. 404
Chicago, IL 60603
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
12
Copy to: William G. Raysa, Esq.
Bloche' , French & Raysa
1140 Lake Street
Suite 400
Oak Park, IL 60301
30. Default.
A. 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 Developer allow Developer sixty (60) days to cure default or provide evidence
to the Village that such default will be cured in a timely manner if it cannot be
cured during said period. If Developer fails to cure such default or provide
such 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, in the
event the default is material, to rezone such Property to the R-E District. 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-E District.
B. In addition to sub-paragraph A. hereof, it is recognized by the
parties hereto that there are obligations and commitments set forth herein which
are to be performed and provided for by the Developer not by the Owner. The
Village agrees that the Owner as such is exculpated from any personal liability
or obligation to perform the commitments and obligations set forth herein except
Paragraph 31, concerning litigation and that the Village will look solely to the
Developer for such performance, except that to the extent that the Owner or
successor thereto shall become a developer or shall designate or contract with a
developer other than Zale Groves, Inc. then in that case, the Owner or the new
designee shall be subject to the liabilities, commitments and obligations of this
Agreement.
13
31. Litigation
A. The Developer, at its cost, shall be responsible for any litigation
which may arise relating to the annexation, zoning or development of the
Property. Developer shall cooperate with the Village in said litigation but
Developer's counsel will have principal responsibility for such litigation.
B. The Developer shall reimburse the Village for reasonable attorney's
fees, expenses and costs incurred by the Village resulting from litigation
relating to the annexation, zoning or development of the Property or in the
enforcement of any of the terms of this Annexation Agreement upon a default by
the Developer.
C. Developer hereby indemnifies and holds the Village harmless from
any actions or causes of action which may arise as a result of development
activities for which the Developer is responsible. This indemnity shall
terminate upon the issuance by the Village of the final certificate of occupancy
at the completion of the development.
32. S ecial Conditions.
A. The following variations to the Village's Development Ordinance
are hereby granted:
1. Section 16.30.050.A.4 - to allow one cul-de-sac to be approx-
imately 740 feet in length;
2. Section 16.50.040.C.3 - to waive grading, landscaping,
underdrains, and related requirements pertaining to detention basin design in
order to accommodate existing wetlands on the Property.
B. The ownership and maintenance of those areas designated as open
space/detention in EXHIBITS D and E shall be determined by the Village.
C. At the request of the Village the parcels designated as
park/detention in EXHIBIT D shall be conveyed to the Village.
14
D. At the request of the Village, Owner shall convey the area east of
Lot 122 and extending to Main Street, to the Village.
E. Parties acknowledge that in 1905, Knopf's Subdivision was recorded
and described a strip of land 60' wide and approximately 1020' long, located on
the easternmost border of the Property as "Second St." The Village hereby agrees
that said strip of land shall not be used as a public street or private way,
except as set forth on EXHIBIT D. In the event that it may become necessary, the
Village will, at Developer's expense, condemn any private rights of ownership,
egress or ingress, easements, or rights-of-way, which may interfere with or
impair development of the Property as planned in EXHIBITS D, E, E-1 hereto. This
agreement to condemn the aforesaid conflicting rights of third parties, if any,
is expressly entered into to enable the Village to obtain from Owner and
Developer the dedications of property and contributions of monies set forth in
this Agreement and in the Buffalo Grove Estates Annexation Agreement of March 7,
1988.
F. The Parties hereto acknowledge that the Preliminary Plan EXHIBITS
D, E, E-1, contemplates improvements and realignment of Port Clinton Road and
Buffalo Grove Road. Parties have been advised that the Village of Vernon Hills
purportedly annexed a strip of land 33' south of the quarter section line on the
northern boundary of the Property. In the event that, by virtue of said
annexation, the realignment of Port Clinton Road is not feasible, the Village
will cooperate with Developer to review the aforesaid Preliminary Plan to
facilitate the proper construction of the intersection of Buffalo Grove Road and
Port Clinton Road without decreasing the number of buildable lots provided by
existing EXHIBITS D, E, E-1, provided that all applicable Village ordinances are
complied with.
15
G It is understood that the development proposal for the subdivision
and open space may be subject to the approval of the U.S. Army Corps of Engineers
and no construction shall proceed without securing said approval, if required.
H. Developer shall improve Park Avenue from the east side of the
Property to Main Street in accordance with Village standards, including curb and
gutter, sidewalks and drainage.
I. At the- request of the Village, Developer shall extend water and
sewer lines to the east line of the Property adjoining Park Avenue. Said
improvements shall be reviewed and approved by the Village Engineer.
J. Developer shall construct the following street improvements as
approved by the Village Engineer:
Buffalo Grove Road - Buffalo Grove Road shall ultimately consist of a
10" P.C.C. standard reinforced pavement over a 4" stabilized base course (CA6) ,
with four 12 foot travel lanes, 16 foot median (including left turn lanes) and
B6: 24 curb and gutter and shall comply with the applicable FAUS standards and as
approved by the Village Engineer. It is agreed that the Developer shall be
responsible for the construction of approximately one half of this improvement as
determined by the Village, which shall be completed within twenty-four (24)
months of the date of this Agreement. Left and right turn lanes shall be
provided at all street intersections.
Port Clinton Road - Subject to 32.F. above, Port Clinton Road shall be
realigned as shown on the Preliminary Plan and shall be provided with left turn
lanes at its intersection with Buffalo Grove Road. This improvement shall be
constructed in connection with the Buffalo Grove Road improvement.
K. In consideration of the Developer's donation to the Village for
possible Vernon Township use of 2 acres of land adjacent to the Township Park,
the Village will use its best efforts to obtain a buffer strip of approximately 2
16
acres on the south boundary line of the property,located immediately west of the
subject Property. Said buffer is contemplated to be a strip of land 600 feet
long and 150 feet wide located east of Buffalo Grove Road (extended) and
north of the 10-acre parcel zoned B-3 at the northeast corner of Buffalo Grove
Road and Illinois State Route 22.
L. The current owners shall have the option to disconnect the entire
Property by serving written notice to the Village, solely in the event that the
named Developer herein fails to purchase the subject Property pursuant to his
purchase agreement by April 7, 1988. Said option shall be exercised, if at all,
by May 7, 1988.
M. Developer shall revise Preliminary Plan (EXHIBIT D, E & E-1) to:
(1) show a 20 foot wide strip between the open space/detention areas
in the southeast area of the property, and
(2) show a 20 foot wide public access strip between lots 126 and 127,
and
(3) label the area northwest of Buffalo Grove Road as open space
detention, and
(4) indicate that no detention shall be allowed on .8 acre and 1.8
acre park sites.
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.
VILLAG OF BUFFALO GROVE
VERNA L. CLAYTON, Village Pr§Kident
ATTEST:
r
Vill Clerk
17
This instrument is oxeruted b
OF CHICAGO, not pens mate but AMERICaAN NATIONAL BANK AND TRUST COMPANY
and ca ,'tines bra, perf,!r�;Pd I„r„ as ah"aid. .All the covenants
TRUST CGNiPt�RY OF CUIS�` under by ,�`'Ei? .Aid NATI 10 and not indMERICualf}�, an �noCne rson i IiabilfSY sh i to asserted ,r be s afgeeble
againsf A,MERIC' t� ,NATIONAL CAR AND TRU3f�CUf�FANYOFsGUICAGO enfo eabld
any of the convenauts, statements, representations or warranties contained in this
OWN truf the
y reason of
Second Vice-President
AMERICAN NATIONAL BANK AND TRUST
COMPANY as trustee under Trust
Agreement dated November 18, 1986 and
known as Trust No. 100600-02
ATTEST:
VICE PRESIDEK DEVELOPER
ZALE GROVES, IN
ATTEST:
18
EXHIBIT A
(Amli 87.42-acre Property)
The west 1/2 of the southwest 1/4 (being Lot 32) of Section 16,
Township 43 North, Range 11 East of the Third Principal Meridian,
(excepting therefrom the East 353.9 feet of the South 450.2 feet
thereof) : and also that part of Lot 33 in the east 1/2 of the southwest
1/4 of Section 16, Township 43 North, Range 11, East of the Third
Principal Meridian, lying west of the west line of Blocks 1, 2, and 3
of Knopf's Subdivision. According to the plat thereof recorded August
15, 1905, as Document 101600, in Book "G" of plats, page 27 and the
west line produced south to the south line of said Section 16
(excepting therefrom the south 450.2 feet thereof) : and also that part
of Lot 31 in the east 1/2 of the southwest 1/4 of Section 16, Township
43 North, Range 11 East of the Third Principal Meridian, lying west of
the westerly line of the Wisconsin Central Railroad Land, (excepting
therefrom that part thereof heretofore sold to Mattie L. Hodgkins and
Cora J. Hodgkins by warranty deed recorded as Document 151316 in Book
198 of Deeds, page 51 and also excepting therefrom that part thereof,
heretofore sold to Wisconsin Condensed Milk Company by warranty deed
recorded as Document 174488, in Book 208 of Deeds, page 572) all in
Lake County, Illinois.