1980-026 I ORDINANCE NO.80- 26
AN ORDINANCE APPROVING ANNEXATION AGREEMENT
AND DIRECTING EXECUTION THEREOF BY THE PRE-
SIDENT and CLERK OF THE VILLAGE OF BUFFALO
GROVE Ha Farm
WHEREAS, there has heretofore been submitted to the corporate
authorities of the Village of Buffalo Grove, a petition to annex
the property legally described as follows:
The South 1/2 of the East 1/2 of the Southwest
1/4, except the South 50.0 feet thereof, and
the West 14.50 chains of the South 13.793 chains
of the Southeast 1/4, except the South 50.0 feet
thereof, in Section 5, Township 42 North, Range
11, East of the Third Principal Meridian taken
as a trace. and excepting therefrom that part
thereof bounded by a line described as follows:
I Beginning at the Southwest corner of the South
1/2 of the East 1/2 of the Southwest 1/4 of
said Section 5; thence North along the West line
thereof, 475.0 feet; thence East parallel with
the South line of said Southwest 1/4, 887.0 feet;
thence South parallel with the West line of the
South 1/2 of the East 1/2 of said Southwest 1/4,
475.0 fret to a point on the South line of said
Southwest 114; thence West along the South line
of the Southwest 1/4 of said Section 5, 887.0
feet to the point of beginning, in Cook County,
Illinois.
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jWHEREAS, there has also been submitted to the corporate authori-
ties of the Village of Buffalo Grove, an Annexation Agreement pur-
suant to statute; and
WHEREAS, the Village is a Home Rule unit by virtue of the provi-
sions of the Constitution of the State of Illinois of 1970; and
WHEREAS, proper and due notices of public hearings for zoning a
and annexation on said 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 Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUS-
TEES OF THE VILLAGE OF BUFFALO GROVE, COOK and LAKE COUNTIES, ILLI-
NOIS, as follows:
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 au-
thorized to execute said Agreement on behalf of the Village of Buffa-
lo Grove.
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SECTION 3. This Ordinance shall be in full force and effect from
and after its passage and approval in the manner provided by law.
AYES: 5 - Marienthal , Stone, Hartstein, Kavitt, Gerschefske
NAPES: 1 - O'Reilly
ABSENT: 0 - None
PASSED this 2nd day of June ,1980.
APPROVED this 2nd day of .tune _,1980.
APPROVED:
nESIDENT
ATTEST:
VILLAGE CLERK
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ANNEXATION AGREEMENT
;LO:
This Agreement (hereinafter referred to, as the "Agreement"),
made and entered into this _2.- day of `TGc�t 19 by and
3T..C• between the VILLAGE OF BUFFALO GROVE, ILLINOIS (hereinafter
referred to as the "Village"), by and through the President and
Board of Trustees of the Village (hereinafter collectively
referred to as the "Corporate Authorities"); RICHARD HAPP, not
individually, but as Trustee under a Trust Agreement dated
August 17, 1974 and known as Trust No. 1, whose beneficiary is
�F LEONA HAPP (hereinafter collectively referred to as the "Owner"
'O_ and MIDWEST DEVELOPMENT CORPORATION, an Illinois corporation
(hereinafter collectively with its successors and assigns with
respect to the Property hereinafter defined referred to as the
h' "Developer").
3 WITNESSETH:
WHEREAS, the Developer has an option contract to purchase
from the Owner approximately forty-eight and four tenths (48.4)
t' = acres of real property, the description of which is set forth
j 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 present provisions and regulations applicable to the R-9
Zoning District of the Village Zoning Ordinance with a Special
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Use Planned Development as to Phases I, II and III (excluding
the office complex, as shown on the Preliminary Plan as herein- ~
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after defined), and the B-3 Zoning District of the Village Q�
Zoning Ordinance as to the office complex of Phase III, as
' shown on the preliminary development plan as hereinafter de-
fined (referred to herein as the "Zoning Ordinance"), to de-
velop the Property in accordance with and pursuant to a certain
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preliminary development plan ("phasing plan") prepared by
Michael L. Ives & Associates, Inc. , as revised through April 8,
1980, and also a preliminary engineering plat prepared by
McBride, Lovejoy & Associates, Inc. , dated as last revised on
April 8, 1980, (hereinafter jointly referred to as the "Pre-
liminary Plan"), a copy of which proposed Preliminary Plan is
attached hereto as Exhibit B and Exhibit H, respectively, and
incorporated herein, and subject to all other Exhibits identi-
fied in Paragraph 11 herein; said development of Phases I, II
and III (excluding the park and office complex) to contain four
hundred seventy-four (474) multi-family attached residential
dwelling units, said development as to the office complex of
Phase III to contain not more than 229,200 square feet of
office space, with accessory uses to specifically include a
restaurant, travel agency, barber shop, recreation facilities
and banking facilities (except that as to any free-standing
drive-in facilities, a special use permit must first be obtained
from the Village); 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 Municipal 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 statutes; and
WI-IEREAS, 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 Phases I, II and III (excluding the office %
complex), and B-3 Business Zoning Classification as to the
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office complex of Phase III 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:
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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
Municipal Code.
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AGREEMENT COMPLIANCE AND VALIDITY
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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, condi-
tioned on the execution of this Agreement and the compliance
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 5, R-9 Special Use Planned
Development zoning classification as to Phases I, II and III
(excluding the office complex), and Article XI, Section 4, B-3
Planned Business Center zoning classification as to the office
complex of Phase III, 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 and record same with the Cook
County Recorder's Office, along with the Plat of Annexation
(herein referred to as the "Annexation Ordinance"), annexing
the Property to the Village. The Village shall notify all
entities or persons in accordance with any statutory or ordi-
nance requirements. .y.
ENACTMENT OF ZONING ORDINANCE
4. Within fourteen (14) days after the passage of the
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Annexation Ordinance, the Corporate Authorities shall adopt
a proper, valid and binding ordinance zoning and classifying
Phases I, II and III (excluding the office complex) in the R-9
zoning district with a Special Use Planned Development, for
the construction of a planned unit development containing four
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hundred seventy-four (474) multi-family attached residential
dwelling units, as hereinafter set forth and classifying the
office complex of Phase III in the B-3 zoning district, along
with any variances as may be required, all in conformance with
the exhibits and conditions of this Agreement.
PLAN DATA
LAND USE NO. OF DU's NET AREA DEDICATED STS. GROSS AREA PERCENT
(Ac+) (Ac+) (Ac+.)
Manorhomes 180 13.5 4.1 17.6 36.4
Multi-family 294 15.0 1.3 16.3 33.7
Office Park --- 6.9 1.3 8.2 16.9
Open Space/Detention--- 6.1 0.2 6.3 13.0
TOTAL 474 41.5 6.9 48.4 100.0
DENSITIES
Project Density** 474 40.2 Ac+ = 11.8 DU/AC
**No. of Du's Area exclusive of Gross Office Park.
PARKING
USE QUANTITY RATIO (Spaces to Unit***
MANORHOME 180 DU's --
- Attached 180 1:1
- Bay 180 1:1
- Guest 11 0.06:1
TOTAL 371 2.06:1
MULTI-FAMILY 294 DU's --
_ - Enclosed 282 0.96:1
- Guest 222 0.76:1
TOTAL 504 1.711
OFFICE 229,200 sq. ft. --
- Enclosed 298
- Bay 275
TOTAL 573 1400
***For office use ratio is spaces to square foot
APPEAL TO FEDERAL EMERGENCY MANAGEMENT AGENCY
5. The Developer has filed an appeal with the Federal
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Emergency Management Agency seeking revision of the flood "A
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insurance mapping elevations. Both the Developer and the
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Village are of the opinion that the appeal is well founded. "ID
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However, in the event the a ~ppeal and revisions sought are
denied, then at the option of the Village, the parties will not
be bound by the Preliminary Plan and the Property can be re-
zoned to a density of not less than that shown by the Village's
presently existing Comprehensive Plan or at the option of the
Developer, the Property can be disconnected.
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APPROVAL OF PLATS
6. The Corporate Authorities hereby approve a preliminary
plat of subdivision, pursuant to the provisions of Section VI
of the Village Subdivision Regulations Ordinance, and in addi-
tion, agree to approve a final subdivision plat or plats of the
development of the Property 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:
A. Final documents, except as hereinafter set forth,
conform to the Preliminary Plan (Exhibit B and
Exhibit H);
B. Developer conforms to the terms of this Agreement and
all applicable Village Ordinances; and
C. Developer files with the Village a fully executed SIA
(Subdivision Improvement Agreement).
It is understood and agreed that the final subdivision plat or
plats that will hereinafter be submitted by the Developer need
not conform to the phases of the development as shown on the
Preliminary Plan.
AMENDMENT OF PLAN
7. If the Developer desires to make substantial 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, P-►
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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.
WATER PROVISION
B. 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
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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 accordance with the
Preliminary Development Plan (Phasing Plan), in a non-discrimina-
tory manner, water service to all the residential units and
office complex to be constructed on the Property in accordance
with the Preliminary Plan, Preliminary Plat and Final Plat of
Subdivision. Water mains serving the Property (on-site and
off-site to meet fire flow requirements), 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.
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 governmental agencies having
jurisdiction as may be necessary to authorize connection from
the proposed development to the Metropolitan Sanitary District
for the collection of sewerage, and to the Illinois Department
of Transportation, as may be appropriate. The Developer shall
construct on-site and off-site sanitary sewers as may be neces-
sary to service the Property. Upon installation and acceptance vn
by the Village through formal acceptance action by the Corporate
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Authorities, the Corporate Authorities agree to operate and
maintain such systems, except for sanitary sewer service connec-
tions. 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.
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B. The Developer shall also construct any storm sewers
which may reasonably 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. There will be
restrictive covenants recorded for the maintenance and opera-
tion of the lake drainage facility in the office complex and
prohibition of parking lot detention.
DEVELOPER RECAPTURE OF UTILITY COSTS
10. It is further understood and agreed that a portion of
the system of sanitary 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 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 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, including accrued interest on any construction
loans, less a collection fee payable to the Village, in such
proportionate amounts from such neighboring property owners as Z
may be so benefitted. The Village and Developer agree to use pj
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 users, as appropriate, including, but not
necessarily limited to, advising Developer of additional connec-
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tions 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.
EXHIBITS
11. 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 avail-
able for inspection by the parties hereto:
Plat of Annexation Exhibit A
Preliminary Development Plan Exhibit B
(Phasing Plan)
Petition for Annexation Exhibit C
Manual of Practice Exhibit D
Performance Guarantees (Administrative Exhibit E
Order 2 and Subdivision Improvement
Agreement)
Illinois School Consulting Tables Exhibit F
(Published February 27, 1979)
Preliminary Architectural and Landscape Exhibit G
Plan and Incentive Analysis
Preliminary Engineering Plat Exhibit H
DCCR's (care and maintenance Exhibit I
Open Space)
Buffalo Grove Park District Agreement Exhibit J
Evidence of Ownership or Control Exhibit K
ANNEXATION FEE
12. Developer agrees to pay to the Village an annexation
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fee of $200.00 per residential dwelling unit to be constructed +�
on the Property, payable at the time the building permit for
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each respective building to be constructed on the Property is
issued, $600.00 per acre for the office complex of Phase III,
payable on January 1, 1983.
COMPLIANCE WITH APPLICABLE ORDINANCES
13. Developer agrees to comply with all Village Ordinances
that exist at the time the building permits are issued. Developer
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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. Except
notwithstanding anything contained in the Manual of Practice to
the contrary, Developer shall only be required to provide an
eight foot (81 ) wide concrete bikepath parallel to Dundee Road
along the south boundary of the Property and along Weidner Road
from Dundee Road north to the designated park area on the
Preliminary Development Plan (Phasing Plan) . Any other bike-
path, as shown on the Preliminary Development Plan (Phasing
Plan) .shall be of asphalt. Further, the Developer agrees to
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enter into a Subdivision Improvement Agreement at the time of
filing the final Plat or Plats of Subdivision in form acceptable
to the Village. .
STREET AND PARKING AREA PROVISIONS
14. The Developer agrees, except as noted herein, that
all streets and parking areas are to be constructed in accor-
dance with Village Standards, including pavement, curb, gutter
and lighting standards for local streets, and the width direc-
tion, and ownership of all streets are to conform to the provi-
sions of the Preliminary Plan.
A. COLLECTOR STREET STANDARDS.
The collector street (Weidner Road) shall conform to all
Village Standards, except the right-of-way width shall be one
hundred (100) feet only at the approach to Dundee Road, and
shall be eighty (80) feet at all other locations. Construction
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of the collector street shall be completed along its entire
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length within twenty-four (24) months of Final Plat approval zz
for any segment of Phase I of the development. There will be
restrictive covenants recorded for the maintenance of the
divider on the collector street.
DESIGNB. STANDARDS FOR MINOR STREETS
AND PARKING AREAS.
Minor streets (the extension of White Pine Road and Sandy
Lane) shall be dedicated as public street right-of-ways from
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the right-of-way line to the right-of-way line, being a width
of sixty (60) feet, as shown on the Preliminary Development
Plan (Phasing Plan). Construction of the minor streets shall
be completed along their entire length within twenty-four (24)
months of Final Plat approval for any segment of Phase I of the
development. A barricade shall be erected along Sandy Lane
where it dead-ends along the eastern boundary line of the
Property. Parking area pavements shall conform to the Village
Standards for local streets that relate to structural pavement
strength and building materials.
C. DESIGN STANDARDS FOR MINOR STREETS THAT RE UIRE VARIANCE.
Minor streets that require variance (Jeffrey Manor and
Lisa Court) shall be dedicated as public street right-of-ways
from the right-of-way line to the right-of-way line, being a
width of thirty-seven (37) feet, as shown on the Preliminary
Development Plan (Phasing Plan). Construction of the minor
streets that require a variance shall be completed along their
entire length prior to the issuance of any occupancy permit for
Phase II of the development.
CONSTRUCTION TRAFFIC PROHIBITION
15. Construction traffic is prohibited from entering or
exiting from the north of the Property by use of Weidner Road
and White Pine Road.
WEIDNER ROAD AT DUNDEE ROAD LEFT TURN BAY AND TRAFFIC SIGNAL
16. A. Developer shall cause to be constructed upon the
approval of the Illinois Department of Transportation and upon
approval of all other state and local agencies as may be re-
quired, a left-turn bay (lane) for traffic on the west approach
of Dundee Road, with approximately one hundred ten (110) feet
of storage. C!f
B. At such time as warrants are met and all approvals
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are obtained from state and local agencies, as may be required,
but in no event prior to completion of Weidner and White Pine
Roads in the Development, the Developer agrees to pay for the
local share of any traffic signal installed at the intersection
of Weidner Road and Dundee Road. In addition to payment of the
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local share, in the event the state does not reimburse the
Village for the state's share of such traffic signal within one
hundred eighty (180) days of the Village's payment thereof, the
Developer agrees to reimburse the Village for such payment.
However, in no event shall such additional payment be required
prior to completion of Weidner and White Pine Roads in the
Development. Upon receipt of such payment from the Developer,
the Village agrees to assign all rights to the Developer that
it may have against the state for payment of the state's share
for said traffic signal.
BUILDING AND LANDSCAPING PLANS
17. As required under Village Ordinance No. 72-12 and all
amendments thereto, Developer will submit building and land-
scaping plans (which landscaping plans shall conform to the
requirements of Village Ordinances) for approval by the Appear-
ance Commission and the Corporate Authorities before commencing
construction of buildincis. It is further agreed that the
Developer shall submit to the Appearance Commission and Cor-
porate Authorities for examination and approval a proposed plan
for each different model multi-family building to be constructed
upon the Property.
There presently exists five (5) billboards (signs) on the
Property which do not meet Village standards as to size. The
Developer agrees to fully cooperate with the Village in seeking
the removal of all except one of the signs. The Village agrees
to allow one (1) sign to remain on the Property until completion
of Phase III of the Development.
DRAINAGE PROVISIONS 7�
18. Developer shall fully comply with any reasonable
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request of the Village Engineer related to placement of build- }..►
ings 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 reasonable opinion of the Village Engineer,
be detrimental to the growth and maintenance of lawn grasses.
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LIBRARY DISTRICT PROVISIONS
19. Developer agrees, at the request of the Indian Trails
Library District, to annex any part or all of the Property to
said library district.
PARK DISTRICT PROVISIONS
20. 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 Ordi-
nance No. 79-63 concerning parks. This agreement is attached
as Exhibit J to this Agreement.
BUILDING PERMIT FEES
21. 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 reasonable 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
22. 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 G�
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
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letter of credit or other security shall be limited to the
amount required for site improvements specified in Administra-
tive Order #2 (including, but not limited to improvements,
engineering and contingency costs, both public and private,
such as earth work, streets, driveway and parking area pave-
ments, 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 accor-
dance with Exhibit E and an approved Subdivision Improvement
Agreement. All bonds, deposits or letters of credit that may
be given to the Village shall be promptly returned to the
Developer in accordance with the performance guaranties.
DEVELOPER CONTRIBUTIONS
23. Developer agrees to comply with the provisions of
Ordinance No. 79-63' regarding school, park and library donations
as hereinafter set forth.
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. The most recent V
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such table was published on February 27, 1979, and was in-
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corporated herein as Exhibit F. Pursuant to such Table, the CA
amount to be contributed is as follows: p`�a
A. 1. For each dwelling unit containing one (1) or
fewer bedrooms, the amount of $38.45.
2. ' For each dwelling unit containing two (2) or
more bedrooms, the amount of $125.84.
B. The total cash contribution to School District 21 for
Phases 1, II and III is estimated to be $15,750.00
for the Elementary School and $4,550.00 for the
Junior High; and
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the total cash contribution to School District 214
for Phases I, II and III is estimated to be $6,650.00.
C. The total cash contribution to the Library District
is $19,851.12.
No contribution is required for the office complex of Phase
III.
FACILITATION OF DEVELOPMENT
24. 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 resolu-
tion of mutual problems and its willingness to facilitate the
development of the Property, as contemplated by the provisions
of this Agreement.
ENFORCEABILITY OF AGREEMENT
25. This Agreement shall be enforceable in any court of
competent jurisdiction by any of the parties or by an appropri-
ate 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. r
TERM OF AGREEMENT
26. This Agreement will be binding on all parties for a j-►
term of ten (10) years from the later of the date of the execu-
tion of this Agreement by the Village, or the effective date of
the zoning reclassification provided in Paragraph 4.
BINDING EFFECT OF AGREEMENT
27. This Agreement shall be binding upon the parties
hereto, their respective successors and assigns; provided,
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however, that in the event Developer's obligations hereunder
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are assumed in writing (and a copy of which assumption is
delivered to the Village) by a successor to peveloper's in-
terest in the Property, the Village agrees to look solely to
Developer's successor for the performance of Developer's obli-
gation hereunder.
DEDICATION PARCELS
28. The parcels designated as park and detention, other
than any detention in the office complex (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. 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 79-63 and any subse-
quent agreements between Developer and the Village Park District.
PROJECT MODELS
29. The Village agrees to permit the Developer to construct
and maintain three (3) model areas on the Property, consisting
of a maximum of one (1) building for each of the model areas,
together with suitable off-street parking areas, all subject to
:l
Appearance Commission approval. Such construction shall be in �..
G7
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
30. The parties acknowledge and agree that the individuals
who are- members of the group constituting the Corporate Authori-
,. 15
ties are entering into this Agreement in their official capaci-
ties as members of such group and shall have no personal liabil-
ity in their individual capacities.
NOTICES
31. 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 Owner: Mr. Richard Happ, Trustee
408 East Dundee Road
Arlington Heights, Ill. 60004
Copy to: Robert E. Field, Esq.
Seyfarth, Shaw, Fairweather
& Geraldson
55 East Monroe Street
42nd Floor
Chicago, Ill. 60603
If to Developer: Midwest Development Corporation
4849 West Golf Road
Suite 700
Skokie, ill. 60077
Copy to: Perry J. Snyderman, Esq.
Theodore A. Shapero, Esq.
Rudnick & Wolfe
30 North LaSalle Street
Chicago, Ill. 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, 111. 60090
Copy to: Bloche, French & P.aysa
1011 Lake Street
Oak Park, Ill. 60303
Attention: Mr. William Raysa
TRUSTEE EXECUTION ?v
32. This instrument is executed by RICHARD HAPP, 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.
16
DEFAULT
33. 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 por-
tion of the Property upon which development has not commenced,
or at the option of the Village, to rezone Phases I, II and III
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 Phases I, II and III to the R-1 District
Zoning Classification.
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 Sate of Illinois
12,ge Cl rk Village Presiden 7A
N 17
RICHARD HAPP, not personally,
but as Trustee under a Trust
Agreement dated August 17,
1974 and known as Trust No :���. ,
�.; ... ;0
ATTEST: - MIDWEST DEVELOPMENT CORPORATION
fug
ecretary ' iident
_ •il it 1 O j O c
BLOCHE, FRENCH
ATTORNEYS AT t—
)♦UITE 332 1011 U.-L ;-:;_LT
• M ffMK,..ILL1N015 60301
MLOCH6, FRE OH RAl'$A
ATTO1fAfLY{ AT FANS •�
WATE 332 1011 LAKE ST"Zi
P—
pSK PPAK, KJJNQIS KI P! (/T
DOCUMENT t�
HAS BEEN MICROFILMMED
�° 25615981. 1001,
SEE JACKET FILE No - �O r/
t L�
N0 PLAT
V. 18