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1991-074 8/8/91 ORDINANCE NO. 91- 74 AN ORDINANCE CONCERNING THE UNITED STATES POST OFFICE PARCEL 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; WHEREAS, the Village, by Ordinance No. 91-45 enacted on March 25, 1991, did authorize the execution of an "Agreement To Lease, Lease, and Contract For The Sale Of Real Property" with the United States Postal Service ( "USPS" ) for the following legally described real property hereinafter referred to as the "Post Office Parcel" : Lot 4 in Buffalo Grove Town Center , Unit 5, being a Resub- division of parts of Lots 1 , 2 and 3 in Buffalo Grove Town Center Unit 1, and part of the South West 1/4 of Section 33, Township 43 North, Range 11 , East of the Third Principal Meridian, according to the Plat thereof recorded March 8, 1991 as Document 2997160, in Lake County, .Illinois. Permanent Index Number : 15-33-300-075 WHEREAS, USPS is an independent establishment of the execu- tive branch of the United States and as such is a sovereign entity; and WHEREAS, the Village, by Ordinance No. 86-61 dated November 3 , 1986, granted a Planned Unit Development to the Town Center ( "Original PUD Ordinance" ) , which Ordinance was recorded December 24, 1986 as document number 2519102; and WHEREAS, the Village enacted Ordinance No. 88-69 dated September 19 , 1988 entitled First Amendment To The Town Center Planned Unit Development Ordinance (Town Place) , ( "First Amend- ment" ) which ordinance was recorded October 4 , 1988 as document number 2727429 ; and WHEREAS, the Village enacted Ordinance No. 89-47 dated May 22 , 1989 entitled Second Amendment To The 'Town Center Planned Unit Development Ordinance (Town Place) ( "Second Amendment" ) which ordinance was recorded May 31 , 1989 as document number 2796968; and WHEREAS, the Village enacted Ordinance No. 90-65 dated October 1 , 1990 entitled Third Amendment To The Town Center Planned Unit Development Ordinance (Michael Reese Medical Office- Preliminary Plan) ( "Third Amendment" ) , which ordinance was recorded October 10 , 1990 as document number 2952228; and WHEREAS, the Village enacted Ordinance No. 90-71 dated November 5, 1990 entitled Fourth Amendment To The Town Center Planned Unit Development Ordinance (Post Office Facility-Prelimi- nary Plan) ( "Fourth Amendment" ) , which ordinance was recorded November 26 , 1990 as document number 2966114 ; and WHEREAS, the Village enacted Ordinance No. 91-33 dated March 4 , 1991 entitled Fifth Amendment To The Town Center Planned Unit Development Ordinance (Village Green Parcel) ( "Fifth Amendment" ) , which ordinance was recorded April 10, 1991 as document number 3006704 . WHEREAS, the Village enacted Ordinance No. 91-44 dated March 18, 1991 entitled Sixth Amendment To The Town Center Planned Unit Development Ordinance (Retail Center - Phasu II ) ( "Sixth Amend- ment" ) , which ordinance was recorded April 3 , 1991 as document number 3004202 . WHEREAS, pursuant to the Original PUD Ordinance, the Village and Buffalo Grove Town Center Partnership, an Illinois limited partnership ( "BGTCP" ) entered into a Covenant and Easement Agreement dated February 20, 1989 and recorded as document number 2773239 , which provided for certain obligations upon Town Center properties; and WHEREAS , said Covenant and Easement agreement was amended by the First Amendment to Covenant and Easement Agreement dated March 4 , 1991 concerning the Village Green Parcel . The Covenant and Easement Agreement and First Amendment are herein collective- ly referred to as the "Covenant Agreement" . NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1 . The foregoing Whereas clauses are hereby made a part hereof as if fully restated herein. Section 2. So long as the United States Postal Service leases or owns the Post Office Parcel and so long as the United States Postal Service utilizes the Post Office Parcel for postal operations and postal business, the requirements and obligations of the Covenant Agreement, the Original PUD Ordinance, and all Amendments thereto, shall not be applicable or enforceable against the Post Office Parcel . Section 3 . The Village hereby gives to the USPS the right to require the Village to enforce the maintenance obligations on Checker Road extended ( Lot 3 in Buffalo Grove Town Center Unit 5) pursuant to the aforementioned Covenant Agreement so long as the USPS is current under its obligation to pay the Maintenance Costs as defined in the Roadway Maintenance Agreement dated April 17 , 1991 and recorded on July 18 , 1991 as document number 3041581 . Section 4 . This ordinance shall be in full force and effect from and after its passage and approval . This ordinance shall not be codified. AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYES: 0 - None ABSENT: 0 - None PASSED: August 19 , 1991 . APPROVED: August 20 , 1991 . APPRO D- i lage ent ATTEST: illage Clerk This document prepared by : MAIL TO: William G. Raysa William G. Raysa Bloche, French & Raysa, P.C. Bloche, French & Raysa , P.C. 1140 Lake Street , Suite 400 1140 Lake Street , Suite 400 Oak Park, Illinois 60301 Oak Park , Illinois 603U1 (708) 386-7273 VILLAGE OF BUFFALO GROVE ORDINANCE NO. f1--7 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS _DAY OF 19J/. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties, Illinois, this day of 19 _ kjAlage Clerk By Deputy Village Clerk