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1982-006 f ORDINANCE NO. 82- 6 AN ORDINANCE APPROVING ' 7 SECOND AMENDMENT TO ANNEXATION AGREEMENT (The Grove) WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the 1970 Illinois Constitution; and WHEREAS, pursuant to Ordinance No. 78-33, the Village of Buffalo Grove approved an annexation agreement dated May 1, 1978, and that the subject premises was subsequently annexed to and zoned in the Village; and WHEREAS, pursuant to Ordinance No. 81-26, the Village of Buffalo Grove approved a subsequent annexation, agreement and first amendment to the annexation agreement dated May 11, 1981; and WHEREAS, there has heretofore been submitted to the corporate authorities of the Village, a petition to amend the aforementioned annexation agreement and first amendment; and WHEREAS, there has also been submitted to the corporate authorities of the Village of Buffalo Grove a Second Amendment to the Annexation Agreement; and WHEREAS, proper and due notices of public hearings on said Second Amendment to the Annexation Agreement have been given and public hearings were held; and WHEREAS, it is determined to be in the best interests of the Village of Buffalo Grove to approve said Second Amendment to the Annexation Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE: SECTION 1. The Second Amendment to the Annexation Agreement, a copy of which is attached hereto and made a part hereof as Ex- hibit "A" is approved. SECTION 2. The President and Clerk of this Village are hereby authorized to execute said Amendment on behalf of the ' Village of Buffalo Grove. a -2- SECTION 3. This Ordinance shall be in full force and effect from and after its passage and approval. AYES: 5 - Stone, O'Reilly, Hartstein, Gerschefske, Schwartz - - - NAYES: 1 - Mar i enthal ABSENT• 0 - None PASSED this 15th day of February , 1982. APPROVED this 15th day of February 1982. APPROVED: r. Village President ATTEST. �4a`1'1(1. �v llage Clerk 1/29/81 2/3/82 2/9/82 SECOND AMENDMENT TO ANNEXATION AGREEMENT TABLE OF CONTENTS 1 . Applicable Law Page 3 2. Agreement : Compliance and Validity 3 3. Enactment of Zoning Ordinance 4 4. Approval of Plats 4 5. Compliance with Applicable Ordinances 5 6. Amendment of Plan 5 7. Building Permit Fees 6 8. Water Provisions 6 9. Storm and Sanitary Sewer Provisions 7 10. Drainage Provisions 8 11. Payment of Recapture Fees Owed 9 12. Street and Parking Area Provisions 9 13 . Security for Public and Private Site Improvements 9 14. Exhibits 9 15. Annexation Fee 10 16. Building, Landscaping and Aesthetics Plans 10 17. Right of Way Dedication 10 18. Annexation to Buffalo Grove Park District 11 19. Facilitation of Development 11 20. Enforceability of the Agreement 11 21. Term of Agreement 12 ( i) TABLE OF CONTENTS . . . 22. Binding Effect of Agreement Page 12 23 . Corporate Capacities 12 24. Notices 12 25 . Default 13 26. Special Conditions 14 (ii) EXHIBITS EXHIBIT A Legal Description and Plat of Survey EXHIBIT B Manual of Practice EXHIBIT C Administrative Order #2 EXHIBIT D Subdivision Improvement Agreement EXHIBIT E Preliminary Development Plan EXHIBIT F Preliminary Engineering Plan EXHIBIT G Landscaping Plan EXHIBIT H Architectural Rendering EXHIBIT I Preliminary Driveway Geometrics (Lake-Cook Road) SECOND AMENDMENT TO ANNEXATION AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this day of February, 1982 , 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 LA SALLE NATIONAL BANK, not individually but solely as Trustee under Trust Agreement dated September 18, 1981 and known as Trust No. 104353 (here- inafter referred to as "Owner" ) . W I T N E S S E T H : WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and WHEREAS, Owner is the owner of a certain tract of prop- erty comprising approximately 6 .75 acres bounded on the west by Route 83 and on the south by Lake-Cook Road, and legally described and identified in the Plat of Survey which is at- tached hereto as Exhibit A, which exhibit is made a part hereof (hereinafter referred to as the "Property" ) ; and WHEREAS , Owner desires that the Annexation Agreement dated the first day of May, 1978, as well as the Amendment to the Annexation Agreement dated May 18 , 1981 be amended with respect to the subject Property in accordance with the terms of this Agreement, and that the subject Property be developed under the B-3 Planned Business Center zoning classification and in accordance with the terms of this Agreement ; and WHEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable to the B-3 District of the Village Zoning Ordinance to develop property in accordance with and pursuant to a certain Preliminary Development Plan prepared by Charles Kober Associates dated as last revised January 6, 1982 , and also Preliminary Engineering Plan prepared by Joseph. A. Schudt & Associates dated as last revised February 9, 1982 (hereinafter jointly referred to as the "Preliminary Development Plan) , a copy of which Preliminary Development Plan is attached hereto as Exhibit E and Exhibit F and incorporated herein , and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of property shall contain 73,267 square feet of building area, parking space provided for 348 cars, 4, 000 square feet of allowable restaurant area and .26 building coverage; and WHEREAS, pursuant to the provisions of Section 11-15. 1-1 et . seq. , of the Illinois Municipal Code (Chapter 24 , Illinois Revised Statutes 1979) , a proposed Second Amendment to Annexa- tion Agreement , in substance and in form substantially the same as this Agreement , was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and - 2 - 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 Preliminary Plan; and WHEREAS , the President and Board of Trustees after due and careful consideration have concluded that the Second Amend- ment to Annexation Agreement 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 service the best in- terests 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 1979) and the Village' s Home Rule powers . The preceding whereas clauses are hereby made a part of this Agreement . 2. Agreement : Compliance and Validity. It is under- stood and agreed that this Agreement in its entirety shall be null, void and of no force and effect unless the Prelimi- nary Plan is approved by the Corporate Authorities , all as contemplated in this Agreement . - 3 - 3. Enactment of Zoning Ordinance. The approval of the Preliminary Plan shall be conditioned on the development of the property in accordance with the Preliminary Development Plan prepared by Charles Kober Associates dated January 6, 1982 (Exhibit E) , and the Preliminary Engineering Plan (Exhibit F) . Said development shall be limited to a minimum of 4 ,000 square feet of restaurant use at the southwest corner . 4 . Approval of Plats . The Corporate Authorities hereby approve a Preliminary Development Plan (Exhibits E and F) pur- suant to the provisions of Section VI of the Village Subdivi- sion Regulations Ordinance and in addition agree to approve a Final Plan of Development or plats or phases of the develop- ment 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 sub- mitted by the Owner provided that the plat or plats shall : (a) conform to the Preliminary Development Plan, Exhibits E and F; 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 Subdivision Improvement Agree- ment , Exhibit D, as amended from time to time. It is understood and agreed that the final subdivi- sion plat or plats that will hereinafter be submitted by the Owner shall conform to the phases of the development as shown on the Preliminary Plan . 4 - 5. Compliance with Applicable 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 sub- division 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. Owner, in the development of the Property shall comply with the standards set forth in the Village of Buffalo Grove Engineering Standards herein referred to as the Manual of Practice as amended from time to time, a copy of which has been made a part hereof as Exhibit B. 6. Amendment of Plan. If the Owner desires to make changes in the Preliminary Development Plan, as herein ap- proved, the parties agree that such changes in the Prelimi- nary Development Plan will require, if the Village so determines, the submission of amended plats or plans , together with proper supporting documentation, to the Plan Commission and/or the Corporate Authorities to consider such changes to this Agreement. The Corporate Authorities may , at their sole discretion, require additional public hearings and may review the commitments of record contained in this Agreement , including, but not limited to, fees prior to final considera- tion of any change in the Preliminary Development Plan. The _ 5 _ Village Manager is hereby authorized to approve such minor changes as he deems appropriate. Changes approved by the Corporate Authorities shall be passed by a two-thirds (2/3) vote. 7. 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 ex- penses incurred by the use of consultants in the review and inspection of the subdivision regulations 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. 8. Water Provisions . 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 F are hereby approved by the Village; however , it is understood that changes to the Pre- liminary 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 - 6 - water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non- discriminatory manner , water service to all users on the Property in accordance with the Preliminary Development Plan. Watermains serving the Property and those approved as part of the development shall be installed by the Owner , and, except for service connections to the building , shall , upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities , be dedicated to the Village and become a part of the Village water system maintained by the Village. 9. Storm and Sanitary Sewer Provisions . A. The Corporate Authorities agree to cooperate with the Owner and to use their best efforts to aid Owner in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Public Works Department for the collection of sewage and to the Cook County Highway Department and Illinois Department of Trans- portation as may be appropriate. The Owner shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as per Exhibit F; however , it is ' understood that changes to the Preliminary Engineering Plan 7 - may be required at the time of Final Engineering. Upon in- stallation and acceptance by the Village through formal acceptance action by the Corporate Authorities , the Corporate Authorities agree to operate and maintain such systems , ex- cept 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. 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 F; however , it is under- stood that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installa- tion and acceptance by the Village through formal acceptance action by the Corporate Authorities , the Corporate Authorities agree to operate and maintain that portion of the storm sewer system which serves public streets, or multiple properties , and the Owner agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated, and shall record a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. 10. Drainage Provisions . The Developer shall fully comply with any request of the Village Engineer related to the placement of buildings on lots , to preserve drainage standards. The Developer shall install any storm sewers - 3 - and/or inlets which are required to eliminate standing water or conditions of excess sogginess which may , in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 11 . _lPayment of Recapture Fees Owed. Any amount of recapture required to be paid by this Property shall be due and payable upon final platting of Phase I of this develop- ment. 12. IStreet 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 Manual of Practice as amended from time to time. 13. � Security for Public and Private Site Improvements . Security for public and private site improvements shall be provided in accordance with the Manual of Practice, Administra- tive Order #2, and the Subdivision Improvement Agreement , as amended from time --to---time,---- attached hereto as Exhibits B, C and D. 14. Exhibits. The following Exhibits , some of which were presented in testimony given by the Owner or the wit- nesses 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 9 - be available for inspection to the parties hereto. Exhibit A Legal Description and Plat of Survey Exhibit B Manual of Practice Exhibit C Administrative Order #2 Exhibit D Subdivision Improvement Agreement Exhibit E Preliminary Development Plan Exhibit F Preliminary Engineering Plan Exhibit G Landscaping Plan Exhibit H Architectural Rendering Exhibit I Preliminary Driveway Geometrics (Lake- Cook Road) 15. Annexation Fee. Owner agrees to pay an annexation fee in an amount equal to $600. 00 per acre, which fee shall be payable prorata at issuance of building permits . 16. lBuildin , LandscapinR and Aesthetics Plans . As re- quired under Village Ordinance #72-12, as amended from time to time, 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 complimentary to surrounding areas and the Northwest Community Hospital Ambulatory Care Center south of the subject Property . Phases not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager . 17. Right of Way Dedication. The Owner acknowledges that it is the intention of the Village and other involved agencies that at some time in the future Mundelein Road (Illinois Route 83) will be widened. At -the request of the - 10 - Village, but no later than upon approval of the Final Plat of Subdivision, the Owner agrees to dedicate such additional right-of-way along Mundelein Road (Illinois Route 83) as may be required to permit the widening of Mundelein Road (Illinois Route 83) to 50 feet from the center line. 18. Annexation to 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. 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 coopera-- tion. The Owner does hereby evidence his intention to fully comply with all Village requirements, his willingness to dis- cuss any matters of mutual interest that may arise, and his willingness to assist the Village to the fullest extent pos- sible. The Village does hereby evidence its intent to always cooperate in the resolution of mutual problems and its will- ingness 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 - 11 - in equity to secure the performance of the covenants herein described. If any provision of this Agreement is held in- valid, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the pro- visions contained herein . 21 . Term of Agreement : This Agreement , the terms of the Annexation Agreement dated the first day of May, 1978, and the terms of the Annexation Agreement and Amendment to the Annexa- tion Agreement dated May 18 , 1981 are generally not inconsistent . Where differences may occur , this Agreement supersedes all pre- vious Agreements . This Agreement will be binding on all parties for a term of ten (10) 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 . 22 . 1 Binding Effect of Agreement . This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 23 . jCorporate Capacities. The parties acknowledge and agree that the individuals that are members of the group con- stituting the Corporate Authorites are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their individual capacities. 24 . Notices. Any notice required pursuant to the pro- visions of this Agreement shall be in writing and be sent by - 12 - 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 : Kenneth L. Tucker Ken Tucker & Associates 4849 Golf Road Skokie IL 60077 With a copy to: Michael D. Gitlitz 4849 Golf Road Skokie IL 60077 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove IL 60090 With a copy to: William G. Raysa Bloche ' , French & Raysa 1011 Lake Street Oak Park IL 60301 25. 1 Default. In the event Developer defaults in his performance of his obligations set forth in this Agreement , then the Village may, upon notice to Developer, allow Developer thirty (30) 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 been completed or , at the option of the Village, to rezone such Property to the R-1 District zoning classification. In such event , this Agreement shall be con- sidered to be the petition of the Developer to disconnect such - 13 - portion of the Property, or at the option of the Village, to rezone such Property to the R-1 District zoning classification . 26. ISpecial Conditions . (a) A traffic signal will be constructed at the Route 83 entrance. This will be the responsibility ..f +ho TlPpr�l nnar _ RIDER ATTA ED TO AND MADE A PART OF DOCUMENT DATED _� �C UNDER TRUST NO..4�-- S This instrument is executed by LaSALLE NATIONAL BANK, not personally but solely as Trustee, as 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 LaSALLE NATIONAL BANK 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 LaSALLE NATIONAL BANK by reason of any of the terms, provisions, stipulations, covenants and/or statements contained in this instrument. a ° a _ VILLAGE OF BUFFALO GROVE By : a w V ATTEST Q QD F F Q W ULrI�y� l��itJ-kl/I.IJ W LA SALLE NATIONAL BANK, not indi- vidually, but solely as Trustee aforesaid JBY : LB84'Aant Vice President ATTEST 0 I. a,F.H BY - 14 - 2 149989 RECORDER LAKE COUNTY, ILLINOIS 1982 FEB 19 AN I I' 14 STATE OF ILLINOIS ) SS. COUNTIES OF COOK s 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. 1 hereby further certify that the attached is a true copy of Ordinance No. 82-6 adopted on the 15th day of February 1982 , 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 18th day of February 19 82 Village Clem a fir, Sp ��✓�� �G t/L7 �y �