1985-028 2.3807 � 2
ORDINANCE NO. 85- 28
AN ORDINANCE APPROVING ANNEXATION AGREEMENT
(High Point Plaza)
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, proper and due notices of public hearings on said Annexation Agree-
ment and Zoning 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 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
after its passage and approval. This Ordinance shall not be codified.
AYES: 5 - Glover, Reid, Shields, Kowalski, President Clayton
NAYES: 1 - O'Reilly � �
.__ .............
ABSENT: 1 - Marienthal
PASSED. June 3 1985 APPROVED: June �3 1�8
985
APPROVE
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' VERNA L. CLAYTON, Village Presi' i.t
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3/6/85 Draft
5/16/85 Revised
5/28/85 FINAL
HIGH POINT PLAZA
ANNEXATION AGREEMENT
TABLE OF CONTENTS
1. Applicable Law. 2
2. Agreement: Compliance and Validity. 2
3. Enactment of Annexation Ordinance, 2
4. Enactment of Zoning Ordinance. 3
5. Exhibits. 3
6. Annexation Fee. 3
7. Annexation to the Buffalo Grove Park District. 3
8. Facilitation of Develo ment. 3
9. Enforceability of the Agreement. 4
10. Term of Agreement. 4
11. Binding Effect of Agreement. 4
12. Corporate Capacities.
4
13. Notices. 4
14. Default. 5
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3/6/85 Draft
5/16/85 Revised
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HIGH POINT PLAZA
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 3rd day of June, 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 FIRST NATIONAL BANK OF LAKE FOREST AS TRUSTEE UNDER TRUST NO.
1920, dated February 19, 1962, (hereinafter 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 property comprising 1.386
acres legally described as identified in the Petition for Annexation, which is
attached hereto as EXHIBIT A, which exhibit is made a part hereof (hereinafter
referred to as the "Property") and which real estate is contiguous to the
corporate limits of the Village; and,
WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. , of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1983) a proposed
Annexation 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,
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 in the B-3 District; and,
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WHEREAS, the President and Board of Trustees after due and careful
consideration 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 1983) and the Village's Home Rule powers.
The preceding whereas clauses are hereby made a part of this Agreement.
2. Agreement: CoMpliance and Validity. The Owner has filed with the
Village Clerk of the Village a proper petition (EXHIBIT A hereto) pursuant to and
in accordance with provisions of Section 7-1-8 of the Illinois Municipal Code
(Chapter 24, Illinois Revised Statutes 1983) , conditioned on the execution of
this Agreement and compliance with the terms and provisions contained herein, to
annex 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 Property is validly annexed to the
Village and is validly zoned and classified in the B-3 District, all as
contemplated in this Agreement and within the timeframe set forth in paragraphs 3
and 4 hereof.
3. Enactment of Annexation Ordinance. The Corporate Authorities within
twenty-one (21) days of the execution of this Agreement by the Village will enact
a valid and binding ordinance (hereinafter referred to as the "Annexation
Ordinance") annexing property to the Village. Said Annexation Ordinance shall be
recorded with the Lake County Recorder's Office along with the Plat of Annexation
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(attached hereto as EXHIBIT B). Recordation shall take place no more than thirty
(30) days after enactment of Annexation Ordinance.
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 B-3 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 the
terms and conditions of the High Point Plaza Planned Unit Development Agreement
dated M14 n t .3, 1985 which was approved pursuant to Ordinance No. 85-At.
5. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Owner or the witnesses during the hearings 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 Petition for Annexation of Property
EXHIBIT B Plat of Annexation
6. Annexation Fee. Owner agrees to pay an annexation fee in an amount
equal to $600 per acre which fee shall be payable prorata at issuance of building
permits. However, this fee shall be paid in full prior to the expiration of this
Agreement.
7. Annexation to the Buffalo Grove Park District. The Owner agrees, at
the request of the Buffalo Grove Park District, to annex any part or all of the
subject Property to said Park District.
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8. Facilitation of Develo went. 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.
9. 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 excised herefrom and the invalidity thereof shall not
affect any of the provisions contained herein.
10. Term of A reement. 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.
11. Binding Effect of A reement. This Agreement shall be binding upon the
parties hereto, their respective successors and assigns.
12. Corporate Capacities. The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate Authorities
are entering into this Agreement in their official capacities as members of such
group and shall have no personal liability in their individual capacities.
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13. 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: Michael Downing
Miller, Forest, Downing, Rodman
& Huszagh, Ltd.
800 Waukegan Road
Glenview, Illinois 60025
Copy to: Tony Valenziano
629 Buckthorn Terrace
Buffalo Grove, Illinois 60090
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60090
Copy to: William G. Raysa
Bloche' , French & Raysa
1011 Lake Street
Oak Park, Illinois 60301
14. Default. 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 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
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 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-1 District zoning classification.
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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.
VILLAGE OF BUFFALO GROVE
ATTEST:
� V A L. CLAYTON, Villa resident
't �3 OWNER
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A The N ticnal B: nk of Lake Forest
as Trustee U/Agmt. 6L: cd 9 , 62& known as
Trust# [9 zo & not personally or individually
p
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f '"Ityr°kri • t t t9R �:
a 1=xenereti5n Frovlslon resf�ricting any liabilifg
oL of tna First National Lank of Lake Forest either
starnpad on the rc.%/erse side hereof or, attached
hereto, is incorporated herein)
ft! , I UST ONCE p -
It is expressly understand and agreed by and between the parties hereto, anything herein to the contrary notwithstanding
that each and all of the warrantles,inden-miti^s,representations. convenants,undertakings and agreements herein made on the part
Of the Trustee while In form purporting to the warranties, 'nderrnities, represental ions. ^onvenants, undertakings and agreements
Of said Trustee ene neverthel:,ss each and ev,,ry one of them,
representations,convrnants,undertskinETs and a-reems=n*s F the made and intended not as n�rsonal warranties, indemnities.
y Trusfee or for the p"r—"or,ni•i rho inrenti-,n of binding said
[Trusted personally but are made ar ia intend d f:,r he ruroose (4 binding only that portion of the trust property specifically
idescrlbed herein. and this Instrument Is C xec"Ad and delivered rw acid trustee ri-t to Zia nw. i tot,uut;nlety mine exercise of
the rowers conferred upon It a>aur,;r"r.is e�:. ^nit that n p^rsonal :.ability or•ersr nal responsibility is ass•.imed by nor shall at
'any time be assertad or enmore n';I> `tnf,t th-,-Lst:ia ionat 'an of Lake Forest or anv of is'::ne't°-j—l— mner said Trust
Agreement, on account of this Instrument or on arx.�q ct an.warranty,indemnity, representations covenant,undertaking or
)agreement of the said Trustee In till.: Instrument r°+,-°aln,,.t �Ir .,rsced nr�mpiiIn_ a°t c—d i ;
[Bxpressly waived and .�Iaaeed. 'ii'v t'inv belnv
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238070
The North 145.13 Feet, measured on the West Line of the West
436.90 Feet, measured on the North Line of Lot 12, in Buffalo
Grove Manor, being a Subdivision of part of the South Half
of Section 33, Township 43 North, Range 11 East of the Third
Principal Meridian, according to the Plat thereof recorded
June 21, 1950, as Document 701006, in Book 32 of Plats,
Page 28, in Lake County, Illinois
EXHIBIT A
HIGH POINT PLAZA ANNEXATION
VILLAGE OF BUFFALO GROVE
�T �
2. . .'30742
RECORDER
LAKE COUNTY. ILLINOIS
J 1985 SEP -3 PH 1= 22
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK & LAKE )
I , JANET M. SIRABIAN, hereby certify that 1 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. adopted on the day of
19 , by the Village Board of the Village
of Vuffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed
the seal of the Village of Buffalo Grove aforesaid, at said Village,
in the County and State aforesaid, this day of ,
19 �.
Village Clerk
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