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1985-079 ORDINANCE NO. 85- 79 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT IN THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS (Buffalo Grove Partners, Ltd. Property) WHEREAS, the Village of Buffalo Grove is a Rome Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the hereinafter legally described real property is zoned in the Village of Buffalo Grove in the R-8 Zoning District; and, WHEREAS, a request has been made to classify said property as a special use for a Planned Unit Development; and, WHEREAS, notices of public hearings for rezoning of said property have been given and a public hearing was held. 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 Comprehensive Zoning Ordinance of the Village of Buffalo Grove, Cook and Lake Counties, Illinois is hereby amended by classifying the territory described in the Planned Unit Development Agreement dated November 18, 1985, attached, as Exhibit "A", as a Planned Unit Development (Special Use) in the R-8 Zoning District. SECTION 2. The said zoning shall be and is subject to the provisions of that Planned Unit Development Agreement dated November 18, 1985, which agreement is by reference made a part hereof. SECTION 3. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 5 Marienthal, O'Reilly, Reid, Shields, Kowalski NAYES: 0 None ABSENT: 1 - Glover PASSED: November 18, 1985 IT APPROVED: November 18, 1985 ATTEST: APPROVED: VillagV-Clerk VERNA L. CLAYTON, Village P,-/'-sident DRAFT 11/8/85 REVISED 11/14/85 FINAL 11/18/85 PLANNED UNIT DEVELOPMENT AGREEMENT BUFFALO GROVE PARTNERS, LTD. PROPERTY TABLE OF CONTENTS 1. Applicable Law. 2 2. Enactment of Zoning Ordinance. 2 3. Approval of Plats. 3 4. Compliance with Applicable Ordinances. 3 5. Amendment of Plan. 3 6. Building Permit Fees. 4 7. Water Provision. 4 8. Storm and Sanitary Sewer Provisions. 5 9. Drainage Provisions. 6 10. Payment of Recapture Fees Owed. 6 11. Street and Parking Area Provisions. 6 12. -Securitv for Public and Private Site Improvements. 6 13. Exhibits. 7 14. Buildiniz, Landscaping and Aesthetics Plans. 7 15. Declaration of Condominium. 7 16. Project Models. 8 17. Park District Donations. 9 18. School District Donations. 9 19. Facilitation of Development. 9 20. Enforceabilit of the A reement. 9- 21. Binding Effect of Agreement. 10 22. Corporate Capacities. 10 23. Notices. 10 24. Default. 10 25. Special Conditions. 11 DRAFT 11/8/85 REVISED 11/14/85 FINAL 11/18/85 PLANNED UNIT DEVELOPMENT AGREEMENT BUFFALO GROVE PARTNERS, LTD. PROPERTY This agreement (hereinafter referred to as the "Agreement") made and entered into this 18th day of November, 1985, by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as "Village") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities") and AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not personally but as Trustee under Trust 162100 dated August 29, 1984, (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property comprising 5.327 acres legally described and identified in the Legal Description, whi,-.h is attached hereto as EXHIBIT A. which exhibit is made a part hereof (hereinafter referred to as the "Property") and which real estate is within the corporate limits- of the Village; and, WHEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable to the R-8 Zoning District of the Village Zoning Ordinance to develop property in accordance with and pursuant to a certain Preliminary Development Plan prepared by PRC Engineering and dated as last revised March 6, 1986, and.also preliminar.1 mmg eerinc� Plan p�egared by PRC= Engineering and dated as last revised October 10, 1985, (hereinafter jointly referred to as the "Preliminary Development Plan"), a copy of which Preliminary Development Plan is attached hereto as EXHIBIT C and EXHIBIT D and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. 1 WHEREAS, pursuant to due notice and advertisement in the manner provided by law, the Plan Commission of the Village has held such public hearing prescribed by law and made their recommendations with respect to the requested zoning classification of R-8 Zoning District with a special use for a Planned Unit Development; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the development of the Property 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 Section 17.28.060, of the Buffalo Grove Zoning Ordinance and -the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. 2. Enactment of Zoning Ordinance. The Corporate Authorities shall adopt a proper, valid and binding ordinance, zoning Property as an R-8 Planned Unit Development subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned on ;he development of the Property in in accordance with a Preliminary Development Plan prepared by PRC Engineering and dated October 22, 1985, (EXHIBIT C) , and the Preliminary Engineering Plan prepared by PRC Engineering and dated October 10, 1985, (EXHIBIT D). 11-18/85 2 ' 3. Approval of Plats. The Corporate Authorities hereby approve a Preliminary Development Plan (EXHIBIT C and D) pursuant to the provisions of the Development Ordinance and in addition agree to approve a Final Plan of Development or plats or phases of the development of Property upon submission by the Owner of complete and proper materials as required for the issuance of appropriate building and other permits based on final versions of the plans and drawings of the development of Property as submitted by the Owner provided that the plat or plats shall: (a) conform to the Preliminary Development Plan, (EXHIBITS C and D) and (b) conform to the terms of this Agreement and all applicable Village Ordinances as amended from time to time; and (c) conform to the Development Improvement Agreement (EXHIBIT B) as amended from time to time. 4. Compliance with A licable Ordinances. The Owner 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 discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Owner, in the development of the Property shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. 5. Amendment of Plan. If the Owner desires to make changes in the Preliminary Development Plan, as herein approved, the parties agree that such changes in the Preliminary Development Plan will require, if the Village so determines, the submission of amended plats or plans, together with proper 11-18-85 3 supporting documentation, to the Plan Commission and/or the Corporate Authorities to consider such changes to this Agreement. The Corporate Authorities may, at their sole discretion, require additional public hearings and may review the commitments of record contained in this Agreement, including, but not limited to fees, prior to final consideration of any change in the Preliminary Development Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided that no such changes--(a) involves a reduction of the area set aside for common open space; nor (b) increases, by more than two percent (2%) the total ground area covered by buildings. 6. 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 Owner and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Owner shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Owner or property within the Village. 1. Water Provision. The Owner shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer which points to the extent shown on EXHIBIT D are hereby approved by the Village, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. The Owner further agrees to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water and sewer permits. The Owner agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. 11/18/85 4 Following such tap on, the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to all users on the Property in accordance with the Preliminary Development Plan. Watermains serving the Property and those approved as part of the development shall be installed by the Owner and, except for service connections to the buildings shall, upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, be dedicated to the Village and become a part of the Village water system maintained by the Village. 8. Storm and Sanitary Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Owner and to use their best efforts to aid Owner in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Public Works Department fQr the collection of sewage. The Owner shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as per EXHIBIT D, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering, Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems, except for sanitary sewer service connections. The Owner agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. B. The Owner shall also construct on the Property in question any storm sewers which may be necessary to service the Property, as per EXHIBIT D, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the 11-18/85 5 Corporate Authorities agree to operate and maintain that portion of the storm sewer system which serves public streets, or multiple properties, and the Owner agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated, and shall record a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. 9. Drainage Provisions. The Owner shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to preserve drainage standards. The Owner shall install any storm sewers and/or inlets which are required to eliminate standing water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 10. Payment of Recapture Fees Owed. Any amount of recapture required to be paid by this Property shall be due and payable upon platting of this development. 11. Street and Parking Area Provisions. The Owner agrees that all streets, parking and other areas are to be constructed in accordance with Village standards as set forth in the Development Ordinance as amended from time to time. 12. Security for Public and Private Site Im rovements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance, and the Development Improvement Agreement (EXHIBIT B) as amended from time to time. Any letter of credit issued for such improvements shall be drawn on a financial institution of net worth reasonably satisfactory to 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 11-18-85 6 improvements secured by the letter of credit. The amount of the letter of credit shall not be reduced by expenditures made by the Owner until such improvements have been formally accepted by the Village. 13. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearing held before the Plan Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Agreement, upon execution by the parties, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Legal Description EXHIBIT B Development Improvement Agreement EXHIBIT C Preliminary Development Plan EXHIBIT D Preliminary Engineering Plan EXHIBIT E Landscaping Plan EXHIBIT F Architectural Rendering 14. 'Building, Landsca in and Aesthetics Plans. Owner will submit building and landscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for approval by the Appearance Commission and the Corporate Authorities before commencing construction of buildings. Lighting and signage shall be compatible with surrounding areas. Phases not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 15. Declaration of Condominium. In the event that any portion of the Property shall be developed under the Illinois Statutes relating to condominiums, the condominium covenants, conditions and restrictions shall include a provision 11-18-85 7 whereby the Village shall have the right, but not the obligation, to enforce covenants or obligations of the association or the owners of the units as defined and provided within the Declaration of Condominium, and further shall have the right, upon thirty (30) days prior written notice specifying the nature of a default, to enter upon common open spaces and cure such default, or cause the same to be cured at the cost and expense of the association or the owner or owners thereof. The Village shall also have the right to charge or place a lien upon the Property of the condominium association for the repayment of such costs and expenses, including reasonable attorneys' fees in enforcing such obligations. The declaration shall further provide that this provision may not be amended without the approval of the Village. Prior to recording, the finalized Declaration of Condominium shall be submitted to the Corporate Authorities for their approval. Said Declaration shall include, but not by way of limitation, the following covenants and obligations: a) to maintain the common areas pursuant to Village of Buffalo Grove Ordinances and in a neat and orderly manner, b) to be responsible for snow plowing of all off-street parking areas, and c) to be responsible for maintaining the landscaping in the center island of the cul-de-sac. 16. Project Models. The Village agrees to permit the Owner to construct and maintain -one model area on the Property, consisting of a maximum of one 3 unit building, 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 Owner 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 an,, finally completed. 11-18-85 8 17. Park District Donations. Owner agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations. Owner agrees that it will make contributions of money to the Village for conveyance to the Buffalo Grove Park District according to the criteria of said Title. 18. School District Donations. Owner agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations. Owner agrees that it will make contributions of money to the Village for conveyance to School Districts 1102 and 125 according to the criteria of said Title. 19. Facilitation of Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property in the best interests of all the parties requires their continued cooperation. The Owner does hereby evidence his intention to fully comply with all Village requirements, his willingness to discuss any matters of mutual interest that may arise, and his willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to always cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 20. Enforceability of the Agreement. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein described. If any provision of this Agreement is held invalid, such provisions shall be deemed to be exciseG herefrom and the invalidity thereof shall not affect any of the provisions contained herein. 11-18-85 9 21. Bindin Effect of Agreement. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 22. 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. 23. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. If to Owner: Buffalo Grove Partners, Ltd. c/o David Gootrad 724 Woodridge Lane Glencoe, IL 60022 Copy to: Kevin Rielley Rudnick & Wolfe 30 N. LaSalle Street Suite 2900 Chicago, IL 60602 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa Bloche' , French & Raysa 1011 Lake Street Oak Park, IL 60301 24. Default. In the event Owner defaults, in his performance of his obligations set forth in this Agreement, then the Village, may, upon notice to Owner allow Owner sixty (60) days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Owner fails to cure such default or provide such evidence as provided above, then, with notice to Owner, the Village may begin 11-18-85 10 proceedings to rezone such Property to the R-1 District zoning classification. In such event, this Agreement shall be considered to be the petition of the Owner to rezone such Property to the R-1 District zoning classification. 25. Special Conditions. A. An easement shall be provided for maintenance purposes over that portion of the public sidewalk on private property which is located around the off-street parking stalls. B. No overnight parking shall be allowed in the off-street parking spaces located on public right-of-ways. C. All construction traffic shall enter the Property from Lake-Cook Road. 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 BUFFALO GROVE VERN L. CLAYTON, Village Pres nt ATTEST: W114& Clerk OWNER A RICAN-NATIONAL BANK AND TRUST, not personally but as Trustee under ATTEST: Trust 162100, dated August 29, 1984 / This instrument is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not personally but solely as Trustee, as aforesaid. All the covenants and corf:itions to be performed heieunder by AMERICAN NATIONAL BANK AND TRUST L1_JwPNN,Y OF CH!CAGO are wertaken by It solely as Trustee, as aforesaid and not individually, and no personal liability shall be asserted or be enforceable against AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO by reason of 11-18-85 any of the convenants, statements, representations or warranties contained ►a this instrument. 11