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1984-006 ORDINANCE NO . 84-- 6 AN ORDINANCE AMENDING A PLANNED DEVELOPMENT AGREEMENT DATED JUNE�30, 1978 AND JUNE 27, 1983 (NORTHWOOD GROVE) WHEREAS , the Village of Buffalo Grove is a Home Rule Unit by virtue of the Constitution of the State of Illinois of 1970; and WHEREAS , the Village Board of Trustees did by Ordinance No. 78-41 approve a Planned Development Agreement dated June 30, 1978, and by Ordinance No . 83-33 amended said agreement for property described as follows : THAT PART OF THE SOUTHEAST QUARTER OF SECTION 33 AND PART OF THE SOUTHWEST QUARTER OF SECTION 34 , IN TOWN- SHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL - MERIDIAN IN LAKECOUNTY, ILLINOIS, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF NORTHWOOD AT BUFFALO GROVE UNIT ONE, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 33 AND PART OF THE SOUTHWEST QUARTER OF SECTION 34 , TOWNSHIP 43 NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN, AS PER DOCUMENT NO. 1954349, RECORDED OCTOBER 18, 1978 IN LAKE COUNTY, ILLINOIS : THENCE SOUTH 0032 ' 51" WEST, A DISTANCE OF 710 . 16 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 34 : THENCE NORTH 89041149" WEST ALONG THE SOUTHERLY LINE OF SECTION 34, A DISTANCE OF 600 . 01 FEET, SAID LINE BEING ALSO THE BOUNDARY LINE BETWEEN LAKE AND COOK COUNTIES , TO THE SOUTHWEST CORNER OF SECTION 34 AND THE SOUTHEAST CORNER OF SECTION 33 , THENCE NORTH 89033149" WEST, A DISTANCE OF 394 .02 FEET ALONG THE SOUTHERLY LINE OF SECTION 33 : THENCE NORTH 00051136"EAST, A DISTANCE OF 640. 07 FEET: THENCE SOUTH 89054139" EAST A DISTANCE OF 33 , 00 FEET: THENCE SOUTH 89008135" EAST, A DISTANCE OF 240. 78 FEET TO A POINT OF CURVATURE : THENCE NORTHEASTERLY ALONG A CURVE, BEING A CURVE TO THE LEFT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 585, 10 FEET, A DISTANCE OF 211 . 65 FEET TO A POINT OF REVERSE CURVATURE : THENCE NORTHEASTERLY ALONG A CURVE, BEING A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 600. 35 FEET, A DISTANCE OF 213 . 93 FELT TO A POINT OF TANGENCY : THENCE SOUTH 89027109" EAST, A DISTANCE OF 300 . 00 FEET TO A POINT OF BEGINNING, -2- WHEREAS , the property owners have requested that the terms and conditions of the aforesaid Planned Development Agree- ment be amended; and, WHEREAS, all public hearings required by law to execute the provisions of an amendment to the Planned Development Agreement have been held by the Plan Commission in the manner provided by law and the Plan Commission has recommended approval of said amendment ; and, WHEREAS , the President and Board of Trustees have considered said Amendment of Planned Development Agreement and have determined that the adoption of said Amendment is in the -best interests of the Village ofBuffalo Grove . - NOW, THEREFORE , BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES , ILLINOIS : SECTION lk That a certain Planned Unit Development Agreement (Northwood Grove Unit 2 ) dated January 9, 1984 , by and between the Village of Buffalo Grove and Anden Corporation is hereby approved, A true and correct copy of said Planned Development Agreement as approved by the Corporate Authorities of the Village of Buffalo Grove , is attached hereto and made part hereof as Exhibit "A" . SECTION 2. The Village President and Village Clerk are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove . -3- 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 : 6 - Marienthal, Stone, O'Reilly, Hartstein, Clover, Reid NAYES : 0 - None ABSENT: 0 - None PASSED: January 9 1984 APPROVED: January 9 _ 1984 APPROVED: Vi age President ATTEST: J. 1EILYage Clerk TABLE OF CONTENTS NORTHWOOD GROVE UNIT 2 PLANNED UNIT DEVELOPMENT AGREEMENT Section No. Page No. ma 1. Applicable Law. 2 2. Enactment of Zoning Ordinance. 3 3. Approval of Plats. 3 4. Compliance with A2plicable Ordinances. 4 5. Amendment of Plan. 4 6. Buildin8 Permit Fees. 4 7. Water Provision. 5 8. Storm and Sanitary Sewer Provisions. 5 9. Drainage Provisions. 6 10. Owner Recapture of UtilitY Cost. 7 11. Street and --Parkin8 Area Provisions. 7 12. Security for Public and Private Site Improvements. 8 13. Exhibits. 8 14. Building, Landscqg,ia& and Aesthetics Plans. 9 15. Declaration of Condominium. 9 16. Project Models. 10 17. Park District Donations. 10 18. School District Donations. 11 19. Library District Donations. 11 20. Facilitation of Development. 11 21. Enforceability of the Agreement. 12 22. Binding Effect of Agreement. 12 23. Corporate CajEacities. 12 24. Notices. 12 25. Default. 13 26. Special Conditions. 13 NORTHWOOD GROVE UNIT 2 PLANNED UNIT DEVELOPMENT AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 9th day of January, 1984, 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 ANDEN CORPORATION, a California Corporation (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 16.13 acres bounded on the north by Armstrong Drive, on the south by Lake-Cook Road, and on the east by the Buffalo Grove Commerce Center, legally described and identified in the legal description, which is attached hereto on EXHIBIT B, 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 District of the Village Zoning Ordinance to 1 develop Property in accordance with and pursuant to a certain Preliminary Development Plan (which is shown on EXHIBIT B which Exhibit is entitled "Landscape Master Plan") prepared by PRC Engineering and dated as last revised , 1983, and also Preliminary Engineering Plan prepared by PRC Engineering and dated as last revised December 20, 1983, (hereinafter jointly referred to as the "Preliminary Development Plan") , a copy of which Preliminary Development Plan is attached hereto as EXHIBIT B and EXHIBIT C and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of Property shall contain: 180 dwelling units containing a mix of 1, 2, and 3 bedroom units and not to exceed ten (10) 4 bedroom units. 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 zoning classification of R-8 District; and WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the zoning and 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 the provisions of the Buffalo Grove Zoning Ordinance and the 2 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 hereby zone the Property in the R-8 District subject to a special use as a Planned Unit Development and subject to 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 Preliminary Development Plan prepared by PRC Engineering and dated , 1983, (EXHIBIT B) , and the Preliminary Engineering Plan prepared by PRC Engineering and dated December 20, 1983, (EXHIBIT C) . 3. AgpLroval of Plats. The Corporate Authorities hereby„ approve a Preliminary Development Plan (EXHIBIT B & C) pursuant to the provisions of the Development Ordinance and in addition agree to approve a Final Plan of Development 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 shall: (a) conform to the Preliminary Development Plan (EXHIBITS B & C) , 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 A) as amended from time to time. 3 4. Compliance with Applicable Ordinances. The Owner agrees to comply with all ordinances of the Village 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. Owner, in the development of the Property shall comply with the standards set forth in the Village's 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 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 change (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 4 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. Owner shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Owner or property within the Village. 7. 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 C 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. 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 pat of the Village water system maintained by the Village. 8. Storm and SanitarX 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 5 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. The Owner shall construct on-site and off-site sanitary sewers as may be necessary to service the property, as per EXHIBIT C, 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. 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 C, However, it is understood that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain that portion of the storm sewer system which service 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 6 conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 10. Owner Recapture of Utility Cost. It is further understood and agreed that a portion of the sanitary sewer, storm sewer, and/or watermain to be constructed and installed by the Owner to service proposed development on the Property (hereinafter referred to as "Owner'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 Owner, thus making such utility service available thereto. The Corporate Authorities agree to adopt an ordinance and take such other action as may be necessary to permit the Owner to recapture from such vacant neighboring property owners as may be benefitted by the Owner's Improvements, that portion of the actual costs of oversizing the construction and installation of Owner's Improvements, in such proportionate amounts from such neighboring property owners as may be so benefitted as determined by the Village. The Village and Owner agree to use their best efforts to cooperate to achieve the most practical and feasible route to the off-site utilities connection points. The Village agrees to cooperate with the Owner in effectuating recapture from future developers as appropriate. The Village shall be entitled to a five percent (5%) fee from any amounts hereby recaptured as and for its collection efforts. 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 except as otherwise shown in this Agreement. 7 12. Security for Public and Private Site Imarovements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance, and the Development Improvement Agreement (EXHIBIT A) 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 improvements secured by the letter of credit. The amount of the letter of credit shall not be reduced by expenditures made by the Developer 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 Development Improvement Agreement EXHIBIT B Preliminary Development Plan & Landscaping Plan (Exhibit is entitled "Landscape Master Plan") EXHIBIT C Preliminary Engineering Plan EXHIBIT D Architectural Renderings 1, 2, & 3 EXHIBIT E Typical Planting Detail EXHIBIT F Park District Letter 8 14. Building, Landsca)ing 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. Minimum unit size shall be 1100 square feet on 1 and 2 bedroom units and 1340 square feet on 3 bedroom units. In addition the Owner shall budget a minimum of $1,000 per unit for landscaping. Lighting and signage shall be complimentary to 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 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 9 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 obligation: to maintain the common areas pursuant to Village of Buffalo Grove Ordinances and in a neat and orderly manner. 16. Project Models. The Village agrees to permit the Owner to construct and maintain one (1) model area on the Property, consisting of a maximum of one (1) building, together with suitable off-street parking areas, all as approved by the Appearance Commission. Such construction shall be in compliance with the provisions of the Village's Building Code in existence at the time of building permit issuance. Further, the Developer may utilize models only as a project office for the marketing of portions of the Property. Such use shall be discontinued when the project contemplated herein has been fully and finally completed. 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 EXHIBIT F and the criteria of said title as follows: a) the 4.5 acre per 1000 population requirement for passive credit is satisfied by the retention/detention area. b) the 5.5 acre per 1000 population requirement for active credit,will be paid in cash, however, it is expressly understood that this total amount shall be reduced by .72 acres which was credited from Northwood Grove Units 1 and 3. 10 It is understood that under the current ordinance the Park District donation will not exceed $40,600 assuming an overall average of 2 bedroom units. However, this shall be adjusted if the ordinance is amended. 18. School District Donations. Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations. Developer agrees that it will make contributions of money to the Village for conveyance to School Districts #102 and #125. It is understood that the total amount owed to District #102 shall be reduced by $8,224.78 due to the $20,000 contribution paid in advance for Northwood Grove Units 1 and 3. 19. Library District Donations. Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding library donations. Developer agrees that it will make contributions of money to the Village for conveyance to the Vernon Area Public Library District. 20. 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. 11 21 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. 22. Binding Effect of Agreement. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 23. Cor orate Ca acities. 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. 24. 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: ANDEN CORPORATION 1240 Iroquois Drive Suite 102 Naperville, IL 60640 Copy to: Jerry DeGrq ..ia 545 Hamilton Westmont, IL 60559 12 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60090 Copy to: William G. Raysa Bloche, French & Raysa 1011 Lake Street Oak Park, IL 60301 25. 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 to 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. 26. S ecial Conditions. A. The following variations from the Buffalo Grove Zoning Ordinance are hereby granted pursuant to the Preliminary Development Plan (EXHIBITS B & C) : 1. Five foot variation from the street on corner building setbacks on the interior of the street. 13 2. Ten foot variation on the building separation between buildings 24 and 26. 3. The buildings as approved herein shall be allowed to have inner courts (atriums) . 4. Setback variation for guard house and entry monuments as depicted on EXHIBIT E. B. The following variations from the Buffalo Grove Development Ordinance are hereby granted pursuant to the Preliminary Development Plan (EXHIBITS B & C) : 1. Five foot variation on the width of the cul-de-sacs. 2. Grade variation on the shoreline. 3. Five foot variation for building setback from the high water line. 4. Sidewalk variation to allow sidewalks to be placed off the street. 5. Radius of the cul-de-sacs may be reduced from 43.5 to 41.5 feet. C. The Owner hereby agrees upon final platting of the development to give $20,000 to the Village to be held in an interest bearing account for the installation of traffic signals at Lexington Drive and Lake-Cook Road. In lieu of this, the Owner will not be required to construct a public sidewalk on the south side of Armstrong Drive. However, if after five (5) years from the date of this Agreement the money set aside for traffic signals is not used, the Village may deduct the necessary funds for the construction of a public sidewalk on Armstrong Drive and refund the balance to the Owner including interest. 14 D The Village and Owner agree that upon submittal of grading and detention plans satisfactory to the Village Engineer, Owner shall be permitted to construct its model building (30) , guard house and entry monuments subject to compliance with the Village's Building Code, provision of fire protection and emergency access and also subject to the approval of the Village's Appearance Commission. Owner agrees to cease all construction after March 5, 1984 if the final plat of subdivision has not been approved by the Village. 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 10 ..,u, ATTEST: 0;? OWNER: Lot AnJim Arse ATTEST: 01 15