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1978-041 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT (Anden Corp.) AND AMENDING THE COMPREHENSIVE ZONING ORDINANCE WHEREAS, the Plan Commission of the Village of Buffalo Grove, Illinois , has recommended the approval of a Planned Development for the property hereinafter described, and WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove have considered said Planned Development and have determined that the approval of said Planned Development is in the best interests of the Village of Buffalo 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 1. That the Planned Development Agreement , dated J'.une�30 1978, a copy of which is attached hereto and made a part hereof, is hereby approved. That the Village President and Village Clerk are hereby authorized and directed to execute said Agreement. Section 2. That Ordinance #73-23 and the Comprehensive Zoning Ordinance of the Village of Buffalo Grove are hereby amended by classifying the following described real property in the R-8 Multiple Family Dwelling District with a Special Use Planned Development , being subject to the Planned Development Agree- ment attached hereto: PARCEL TWO: That part of the Southeast 1 /4 of Section 33 and of the Southwest 1/4 of Section 34, Township 43 North , Range 11 East of the 3rd Principal Meridian bounded by a line described as follows : Begin- ning at the Northeast corner of the Southeast 1/4 of said Section 33; thence South 00 degrees 35 minutes 07 seconds East along the East line of said quarter section , 587.96 feet; thence South 89 degrees 17 minutes 00 seconds West, 33.0 feet; thence South 00 degrees 35 minutes 07 seconds East, 100.89 feet to a point of curve; thence Southwesterly along a curved line convex to the Northwest, having a radius of 805. 79 feet , a distance of 669. 70 feet , arc measure, the chord of said curved line bearing South 23 degrees 13 minutes 28 seconds West, 650.60 feet, to a point of tangent; thence South 47 degrees 02 minutes 03 seconds West, 34. 32 feet; thence South 00 degrees 37 minutes 57 seconds East, 0. 14 feet; thence South 42 degrees , 57 minutes 57 seconds East , 66.0 feet; thence Southerly along a curved line convex to the West having a radius of 432.0 feet , a distance of 482. 55 feet , arc measure, the chord of said curved line bearing South 15 degrees 02 minutes 03 seconds West , 457.85 feet , to a point of reverse curve; thence Southerly along a curved line convex to the East having a radius of 877.45 feet, a distance of 252.69 feet , arc measure, the chord of said curved line bearing South 08 degrees n rl 0,1 t_..a. *_ -. of tnnnPnt thence South 00 degrees 27 minutes 57 seconds East, 602.55 feet to an intersection with a line 40.0 North of and parallel with the South line of the Southeast 1/4 of said Section 33; thence North 89 degrees 32 minutes 03 seconds East along said parallel line, 365.46 feet; thence North 89 degrees 23 minutes 53 seconds East along a line 40.0 feet North of and parallel with the South line of the Southwest 1/4 of said Section 34, 330.61 feet to an intersection with a line 330.65 feet East of and parallel with the West line of the Southwest 1/4 of said Section 34; thence Northerly along said East line, 2647.64 feet to the North line of the South- west 1/4 of said Section 34; thence West along the North line of said quarter section, 330.66 feet to the Northwest corner thereof and the place of beginning, Lake County, Illinois. PARCEL THREE: The East 269.35 feet of the West 600.0 feet, except the South 40.0 feet, all as measured at right angles, of the Southwest 1/4 of Section 34, Township 43 North, Range 11 East of the 3rd Principal Meridian, Lake County, Illinois. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel NAYES: 0 - Hone ABSENT: 1 - Rech PASSED AND APPROVED this 5th day of dune 1978. APPROVED: ATTEST: Vi ]age resident Vi llage Clerk -2- 4 PLANNED PIEVIELOPMENT A2133EMENT ; ' This agreement (hefp�pafter refe;red to as„ tie "Agree- ment" ) is made and enteped into this ' day of jpne, 1978 , by and between the VILIt�GE OF BUFFALA gROVE, ILLT�OIS (hpre- u. P � . inafter referred to as nVillage" ) , by and through the Pre4_ . - a dent and Board of Trusteed of the Village (he;7ej;igfter 2 a r � collect�vgTy referred to oas the "Corpor4te Au-�h9 ies and AND j CORPORATION, a gRlifornia corporzjtj qj , (4er inaf er collectly� y with its successors and assigns with),feFpect to the PropeFty hereinafter defined refeTrgd to as PO4veloPeir") . W I T E S S E T $: x i Wfj#Rg.Ap, the Develdper is the fee owner of a� oxipqtely fir fifty {�Q acres of real- property, tY�p pgal de which i sqt forth on Exti#it A attaq,PP4 hereto ar�d � part 4eFpgff" (hereinafter referred to s tie "Prq rt ,!!) aid which e 1 estate is wip the cor o to limits "o{ , P t1. op � Village I 'Ir}q- is the holder':of an opti.p tQ purch4 additiopaT qpe and one-g4gpter (1. 25) acres of real ro � " p ppF' y also legaj� 4escribed Ar} F4hibit ,A-1 � c Qd hereto (herpi.nafter refe:r:red to as thq, 1I0ption WN p a, pursuant t9 �Ordinance No. -20 t o Fr e y P ' was an `e:Kq,to the Vill 4 pi ursuant to rdinanp' an anngtg agreement 11 # nexationrppment" ) Q�4o s { ir}g the Rvopert�' was approved+ Ond pursujo� f o Ordinapr n; the C9{}1pre }epsive Zoning oWnance 09%ittia Village to 3�?�i1r1S Ordinance'! ) 'was amended to"'`��ovide that the Prope i e it �° i . classifjgq . gp within an R-9' Special Use Planned D eve lopmet}t District; WHEREAS, pursuant to the terms of the Annexation Agree- ment, the Property is low classifieq within �he R-8 Multiple Family Residential District 4Pd is no �gpger sub- ject to a plan of development; WHEREAS, the Developer desires and proposes , pursuant to the provisions and fpgulations applicable to t�e R-8 M District to develop thg;. property in accordance with apd pursuant to the provisions and regulations of t p Zo'ing Ordinance applicable to` planned unit gdevelopment� an$ to certain general developTgent plan prepared by BalpaT,4Q/Ol$or} & Assoc. aR revised th dough May 25, �97R (here+fter ° lfm ry '' copy of why referred to• as the "Pre ina Plan ch Prelimip,jzy Plan is attaohed hereto dp gxhibit { 4pc nco�porated herein, 5414 developmeq IT-to contain p'Q �4 t more th? ape hundred ¢ � twenty j ' family dweli ;cunits ! o9T hundred t� ve (212) m � i le f ami 1 Y wejling uni apd shall e , 4blect to tho' ptesently exjpt�ng ordinA4ges , ;cgjes and rgg}}letjons of the Y� lage as may.` be in effec s 'of the date of trip •Agreement �qr , gs amended, frost, time tq� t*me (collective} referred to herein as "Village Orcr}Ces") pursuant to - the provisipn f the lino } Munic}o de (Chapter& , Illinois ARO�ised Stattltea, 1975) x notice an t �?lq prsuant to� 1�g 4 yadvertisett}eSt in the manner pgOv�ged by law, ,�be Plan Comq on of h Vi}lace has held1p public heapgs prescr}bid �y law ? th ; respsct to the e ted Prelimjp� ry Plan for t4iR Propert ' and has f submitted °tp the Corporq� Authoriti q'g its recottim, Gndatior}e concerning $uch Preliminary Plan; and w WHEPEAS, D aloper and the Corporate thorities have ao�eed to certain conditions to the development of the Prop- erty in accordance with the Preliminary Plan. NOW, THERtFOR�j iri icons ide rat tld," , of the pre i`s�te` and mutual covenants aild dq:reements hereinafter set fb�th) the f, patties hereto agre6' dA follows : t 9_ i 'tie Corpotate,. Authoritied 4reby appro�e t i Pre- 1il[111Q1y4n as stiin a C � rements ti # „ ctingS 6} Otr��r �tZ�e,rwith resoedt' to preliminr plans forinec unit a vbig4ihent•s and a4r6dd, to approve 4 -final subdiiAi ibh � lat y �•m� or p act t1 units or p lases of the di Velopment d t6, Property 8 '' � ^ l � l` ��toi4'lhce with the phasing sdh4t'lle set forl: l Ibl`619w) prbi 5tiy ilpori submi5si6ri by the Deve lbper, and i'3'b �Uch �� p, ' p y permits r O rate t7uildin c dcu anc aha' oI her d upon the' in'.' ans for^ the- development ,df the Pro eft r , y P �;, e9,„may 1�6 tibiA�t6d by the, neVeloper, proviAd that sucA littal id ie"t3hRi ,:Gonforil (fA purposes of .this Agreemdhi Whether a,t�ian' dt �iAt may "dotliorm" shall b6 determined St1 'etiant to N 90_ tibn'{{ S. § (b) of Aftidie VI of the toning OrdinaYi8e8j to -a �h6 ,�t iifiiihry Plan td the terms of this Agreement dhd all applidAA 4 Village Ordinances , in effect from time to time, except a6lciterided pursuant to this Agreement. Th6 first phase ('���iase 1") of the development',to be given fiAai plat approval stiali be Lots 1 through 8 afiA 47 through i23 (all r iriciusive incluAing 94 A and B) the gtcond phase ("Phase 2" ) shall be the multiple-fdmily area, nth the final phase ("Phase 3") shall be Lots 9 throug �9 (inclusive) all -3- shown on the Preliminary plan. All q+ngle family lots in IF r Phases 1 and 3 shall be in accordance With the stapdi�rds of the R-5 District of the Zoning Of n-4pce. The 09por4te Authorities agree to immediately con x the fnal ,. ,la for Phase 1. The final plat° for Phase 3 may, at Deye opgr' s t request, be considered together with the final plat fpF Phase 2, but shall not e, given final ;approval find i approval is given for P,�ase 2 if developed in 40cpFOance ' with the Preliminary Pl4n. The final plat for Phaso; � sha� l not be approved until eit4er Developer has obtaihea a rrbval from the Cpok County Highhway Department for a tj .� } orary �yf wt , .� right-in/;'fight-out access , (hereinafter IlTemporaryj J,cceds'! ) fr t to Lake-iCgo} Road as shgWW in the Pre.J. 1�pary Pla y ; c tY e p h � �n Y f fans for 7n e developme t of the ful7,� �ersect�p�'.4;' p:�Qgosed Industr' al ive and Lake-gook Road h , yq' Oeen a eve the Copy gpµty Highway , papartment anc postructi9nJ schedi4leq 7Q commence on;' a,'date certa�n., ' 2f if the Develops desires to me changesn the PreliT4T14Fy,'Plan, the paftigs agree t }at Such ch4ngqq � o + a the Prel MiA? y Plan will require, if the .Village �56. 4�te;- mines j4gg4 'geterminatio to be subjgpt=•tg Secticr} 51 (b) of Article; 'VT pf the Zoning ordinance) "Of submidsigprof , 1 e vs amended p &ts' or plans , g ether withfp pper suppppt-+pg ; wWJ t o r ` document4tjgp, to the Plan gpmmission 4114 tthe Cod p r m Authorities q consider uc changes t � h g a T }6' t is A r fit' ch would a y , 4 x. allow the desired �ha�iges to the Prelimina�� Sian. �Y 'Developer shall be permitted and agrees to tap on to the Vjj age water and sewer systems at the points w-4- sh4A on the eti§ih-­,kring plans piepated by Ar'-,-)n Engineering _ May" , 1978 , attached hereto an� �ncorporated herein as �3ffiib.t G, and pay to the Village such fees fair such tap- ons in accordance with the applicable Village Ordiftandbs at �. i3 the time of ii"uance b� he water and hewer permi4al Following such.;tap-tdfihi the Vi ,ragrees to pk6Vide to the bddt of a di non e riminatory :ittihner, water` SdtV'` � iCe a °' i ee identiai dHits to be cooriitructed on � it"" tt$ �: t�e` + ' u n� operty iAj&dd8rA4ndb 4ith thO Ptdliminary P144i Water mii: i i Agkving T. th4'�� bi City l`°.i4nd those approved as P,,rt of this ddi a �ittient, ! .1 a - e sha Jk66 -sled by Dev4loper, and; d9�cept for 9"dr-tide cdf A40- �bils `id, the bui�jings, shall tips l installat� ofi Ah , acre tgr pe b the Vil ga r through forfMi acceptandd Ration bit t f� Cdf v$a tic Authbrit es, be dedidAted to the' 4ilia$e and � i cc 6 -;,04k of the V411age water idl. system acid rHai ntained by tyY a4ilfa'4�. Developer agrees to c�hstruct th4 water MAinO Adj aide t'" to Armstrohlj and Paulin Avenues sh&h on the Ertir 41ite � �h as Phase ... ii ' hd ibllowing exhibits , whidf were preserf$ed in tditii6A"Y 410 n by the bdV'eloper or oth6r witnesses ddring �. • i4" 1 i tA6 he&rlai4� held before the Plan Commission and the Corp- orate Adthotities prior to the executi6h bf this Agreement, d herd m t � ,a part hereof and des4hated as showh below, tttidt or .� fQ.tw physically attached to e Agreement. , Said exhibits agAii ie kept` on file by the Village Clerk and will be avail"ie fbf inspedtion by the parties hereto: tk�ibit A - to Ai Description of the Property; kxhibit A-1 -� 'Litjal Description of Option Property; txhibit B - preliminary Platt; f. -5- Exhibit C - Petition for AMgp4ment to planned Development; Exhibit D - Village of Buffalo Grove :Png}neering Standards, common�y referred to LL po, tie "Mgpp4l of Practice" ; Exhibit E - pprformance Guarantees Administrative Order No. 2; exhibit F - Table of Estimated UltjMa�e Pgpulation PeF Dwelling Unit; Pxhibit G - Epgineering PlIpp. E 5. T e Corporatq Authorities ggree to cgQpe.�a�,e wi h the DeVploppr in the development of the Property^ gpp empjated by th�p Agreement and to use their bq� t efforts to- 1�4 f Developer +p obtaining -jpCh permits $fom pvernrl 'a5gncies having jpr}. Jiction as #14' be necess y o authq fizq conneo- tions frpq' , P#e proposed development �p t4q Lake Cqupty E` 4 � Department Of Public Wvr�p for the collection qf, giRWef.agq; and to 'YtPq Pate or Co "u }t` roads , as .m '' ay< be appxo a.' . s ' The Developgf shall cori uct on-sits sanitary and 'storTR sewers .r may be necessary to service ,the Propexty. bpon instal;a� qn` and acceptance by the Vi l qe throuB ' fRr}nal acceptippe i gtion by the grporate AL}t, 4#} ties , `t�J IQ+Q�'porate t .R ree to Authoz��t}� �g E opR;ate and maintain ' such vtyk}rq r ' `z except-'far nitary sewer service coq}�ot�ons. R B y oper z agreed to adept any increases in wat' aid sewep"zags and tap-on fee§ , provided t� such fees 'and 'rates qrp applied consist­':tl� 'to all simJidi:p users in the Village.,' The E d^ -6- kl dj4bld�er agrees to pay the Lake Couhty Sewer System Improve- .,., ine,ht Pee of Three Hundred Dollars ($300) per single family dwelling unit. } 6 bgvveloper acknowledges t 4, ."the Villas d',tkay adopt a k6l-aOAA ordinarice, b ordinances 16"garding cdrtaii existing u �. y ifri��ovementb'Aiieady servih4,. the Property. a� 6f the da�e df , t4i ° Agreemt=2At. Developer k :tees to be ouria by 1 f • atiCh orr�i An es and' to pay such redopture fees ibt t9 pfgp�rtOne benefit t5rovided, however, that I�dvt tier l ' n credi� ,it)r all paymeii � previous i, �a`,a to a.r d Hb art bs to ream itz se them foie s�ch improvembht§: Dbve�bp4 •Agrees to'FAndbmnify and hold the Village, armless bm" A acid all lo5i Lability or aXpense whiA tHd Village m4: -dffek `br incur ag. A result of (Ailing to coiiect tecap- i tine' b�4fiiehtj from boVeioper which tie Village A Pt6!4ently rogijired o� obligatod to collect front Developer �Uii tiant to rdC8',4 t7tdinances or agreements vAth other pattibs which cohstk�lctaa''fmprove%ents benefittin4 ,the Property. 2xcept ab a kdsa y stated herein, neither be'veloper nor itd suc- 2 4 cohors i1 respect to the Property or portions thereof (thoUgh `hot including purchasers of single-family residences tb .be ddh!§tktl�t6d on the Property) , Shall not be responsible fdt Ari 'aAlti0hal Bost, contribution; assessment or expense for ahy iMpro-M ents for- Industrial Drive or the intersection o� Industrial Drive aria sake-Cook Roatd. It is further d jj,, uriderstdbd and agree'4 tiidt a portion 6f the system of sanitary and storm se0brs, dtairtA'ge systems , water mains, all to be constructed dhd instdlie'd by the Developer to serve the -7- pi oposed develo-"' ,nt on the Property (hete referred to as 'iDeveloper' s Improvements") , may be so located and/or oversized a0 to benefit neighboring properties not owned by the Developer, by 'fttAing such sanitary and storm 59wers , drain& e, gystems , i f and watet 's ivice avdilable thereto. The Corporgt6 At thorities dt �e f:to 48o�t an of ha' nce and take such other aotion as Ind nge6� � may , gary tc� pei�nit the Develoa 'per to reca '`�tiir•e from a r• t ,1" i ,f ,ry t nel `dying pro} ty owners itt3y be benefitt'd' ly 6eV6:lopei i a4 Improvetnehi s as detentlhta by the Vil ill, ge that �ortio bk tie costs 8f the constr{lction and in"41lation of 4 Y ' _ !!'2 r • f' •s �' b ' s Improvkne�ib and such Ie-4a, lly permi��ed interest, pA9— 4 to'di6ction fee Oayable to th'6 Village, ih �d h � roportionate ' � np� v aihoar�ts fi°b6 such r16i 'Ab A pF oring properly owners ab May be so bewBfi4�0 as determined by the Vil�dye in its tei ggdhOle y , ditt ibih. ; the Villacj2 and Develooi 17 agree to use tHeir bh5t.! 6ffd Yta to cooperate to achiettt'the most practical and e f�i li8i feasible koute to the t- f-site utillt.�e� con- ' ne t ,ofi 10 .#ts to permit the Develbb�r to connect �d' the •- lilage utility systems so long as such iodtas are eta tingE W'i' hi� �ublicly owned property or ehsements inurrlh' to the p6blic benefit., The Village agrees to cooperate with the Developer in effectuating recapture ,from future users, as a b + td `including, but not necesgarily limited to, adV' Jing - be11eloper o� additional conriections which the Village iribcuas to permit, collecting and remitting fees , exeAi in'4 And recording appropriate tecapture documents , and any othek la%4ful means �Vailable to the Village. 7. Notwithsta� dihq the provisions of the Annexation Agreement, beveloper agrees to comply with the provisions of -8- av, , o /•/IYDYJTiyJ1'"J1flYlIfF%.�r�i mviJLV24N[T/////r�N/M7pGYI�JR�y6T;Iy'fpSrIG//iiyo„ i, •�m�/�,I�1 JA A�1"V//'/%"„�;1GG,.F ,/ryl0///g//rw 9lif�I,4%1Gi, uiii�,�. ,, �� e,„O//v91%0Y/,m/�i JIMAN11000111"JilRO'�AG ^:^•,,. , D Ordinance No. 77-72 regarding school donations. peveloper agrees that it will make contributions of money, }p ljeu of contributions of land, for school sites. Such gontri)?utions shall be paid to the Village concurrpp +y with t.hq -- gsuance by the Village of the bujlding permit for each jwp}ltpg 1} t s 1 - constructed on the Property. The contribution 4 pppt shall be based upon the estimated number of c 1ren Pv0ked, per 7 dwelling "it as estimated on the "Table of Est�}n���� UltimatR pppulation Per welling Unit" , as publilood from time to tlMe by the Ill�ppis School gon} ulting assumi t : • A ` unit bedroom` } of 50% tY}re -bedrooT, • tq' and 50% fogf gr more bedrooi}' pnits in Phase] I and �{ IW O$ two or lepq bedrooms and 37% three or }}ore bedroom' ter }n Phase , Tie most recejj� Ruch Table W publisY}ed ' January T5, 1977, and is lncorporatecj,,herein as 'pxh � � t Pursuant to such Table, ygtil modified, 't�e amouilt tp he� contrib4te is as folloxyg ; ,' 9 For each $�pgle family -dwelling uq t copta�n- in� t4xee (3) or fe-Wet bedrooms , the amount of ?or Hun4rgq Thirty-Two *and 9/100 Dollars ($432. o� a Mgr• tot4� of Twenty-Seven Thousand Two Hundred 79�90�y-One arq 7/ 00 Dollars f$27 , 221. 67) for sixty-th . For each p'llgle family dwelling i,19 f o), (4) or more pedrooms , thO •amount of,, ry Hur}r red Fifty-Four a0 , 27/100 Dollars ($554. 27) , or a to 'j of Thirty-Fodr Thousand `►Phree Hundred Sixty- Four an4 74/100 Dollars ($34 , 364. 74) for sixty-two (62) units. -9- E 6 C. F each multi-familjr dwell: f unit contain- ing two (2) or fewer bedrooms , the amount tlf One kUhdred Twenty-Nine and 7/100 Dollars ($12§ , 07) , or a total of Seventeen Thousand Oho' Hundred SiAlt ►-5•ix and 31/i00 Dollars`+,'($17 , 166 . 31) o one hundred t' Lk, �- ti� e units. ` For ead� multi famky dwelling uni • cbritaining 4 h 6e 6r more becir toms, the �1otint of Three t��i�idred ,,, . . f A. 2/100 I ddlars ($309,_02) or a toted df enty- dh r �iqusand { ' Hundred Twelve and 58/100 & ilars fbt seventy-nine' b ) units . The �nta cash contribution to Sch661 bistrict tkl t• p=s�. �02 is estimat ' t'6 be Sevent �Jbne Thousand "' housand • ' ri . Hi c�rei� ''hirty t and 68/1D0 Dollars 44 h t total C gh contributiof to School Dlgt kiLt 125 gh4l the Thirty the Thousand P6 r Hundred Twenty - Vive zi k, /100 Dol r u ($31, 425 . 65 Developer 94 e'es to '. � 0ol Distkjc'� 102 Twen ! , ,� q .{ ay c t '� ousand Dolldkf t$20 ,000 . 00) W , o tH .°total Corgi iibution due bdhool DistriA ib2 at the.'tiitio of recdr Ing of the final plat for P false 1. I L.11 d , bpdri ski payment, ,Developer' s per unit contribution to 0, Sch661 bistrict 102 at the isstidnce of each building pek4�1t , shall be reduced by the ""roportion that such initial payment bears to the total contribution due Schow e ol District 102 , or twentY-eight percent (28%) . 8. Notwithstanding the provisions of the Annexation I a k Alteement; . De4elopeihay agreed to be bound by the provisions of Ordinance No. 77-12 k6qarding park donations and to con- tribute (GIs full satisfaction of any park land or cash -10� r. . donation or open space requirement) pertain property to the Park District or nominesr and to imppove such property in accordance with the Engineering Plans ,end Paragf�pb 17 hereof. Developer shall be given crpf4� for thq dRpItion of 3. 29 acres of park ljpd located in ,Phasq 1 ae �;4oWp on 1. the Preliminary Plan. T e final calculation for q e t for open space and/or cont#bution shall be made at t�,qt }n}e of i.. final plat approval for'phase 2. ' 9. Developer agrees to comply With all Vil ���e Ordin- ances in Affect from tiMp to time in gevgloping t + rQperty, includipg but not limited to the starida ds set for h i the "Villagg 'q f Buffalo Grove Engineering Standards', " qr,—or X. r i , referre4 as the "Mang of Practigel' (herein rgferrod `to as "Vil�gg' standards") �hich has been,,made a park ;he o gas Exhibit + µ. In the even -the Village . tint on }? g br n s to the of the ReYejoper lot 93;4q#g and dra}paip, probl9ml ,inyplyy pg indivi4u419ts prior tQ the end of to Public i ©yep warranty `. period, the De �;pper shall make any a a � '. necessa y c d reasonablg'Mpasures , at, itg sole e e se to correct, ua ,problems; " v {#c�vided, how�vgi that fine Opinion of the ,V � � ge Engineer., �uOh problems•' ', l no g t O use, the $ acts o .4Ft�es other t4, 'Developer an$ °its a eel g o or re presgn�����es > 1Q. + Developer agrees that 4�� ptreets arc �q e r constru.C,te 'fin accordariq v$ ith Villagq�$t4ndards , � $} bj eQt to t the proVjps ppp of the Pr4 minary Plap, p 11. Olding permit fees may be' increased {prov�df4d that any such increase is a general increase applicably to the entire Village and pot limited to the Property) from time to time, as long as said permit fogs are applje4 con- sistently to all other Similar develppMgpt in t }q dill&ge. In the event a conflict arises betwogn : the Devq ,gp� � a � Village on any engineeripq or technical matter ?ect to 5 this Agreement, the Vi#age reserves the right to pass along any and all additional expenses incurred by the -}ppq of consultar} s in the reviq and inspection of the -@}} ivis pn. Develope;' ghall pay any"'nondiscriminatory increases to such fees or ppp-discriminatory new or additional feq` ,4�e�eafter ' a charged by the Village tp developers of property �4e Vi llage, ,r, 1 1p lieu of any-bonds or deposits required fob public pfpvements under Village Orlipapces anc ` d � stra_ tive OrgO; ? made a pax hereof as R 1" i Ei hib .t E, thq eV oper may, at .��s election, fVj:pish to the Village an e 3 r letter of g ,edit issued :b a sound and . reputablq b4jji or , finance ` s; ,� @titution authorized to dp k rpiness i },e t to of Illy c or other Sgc�rity acceptabiq' to the� Y fags' in f P_ . an amou q�4al to the atpQunt of bonds - 4r' deposits by Vi eftgq gfdinances. . "id irrevocb ie +etter o e4# o� ¢ : other g.044 '4y shall be � mited to th •unt re ui led.r , r r public `i�p:,rgyements (incT4ding but nod 1-imited t s } a ry y sewers, stQf� sewers/ w t6 mains, storm Water r4�e#_ •� .T fi facilib�gs , streets, cura; sidewalks , parkways ,,b pffwhy trees, strq�� lights, p4 site and bike path syptem and for landscaped paving within the multi-family area) , in those areas o the Property which have received final sub- division approval by the Village. It is agreed that any -12- bonds, deposits, letterR of credit or other security shall be reduced in amount from time to tine as the pL+Il c improve- ments covered by such sgcurity are cPfRplgted. per o nance guarantees and approvals thereof sha;J by in acop 'Oa4ce w� th Exhibit E. 13. Time is of the essence of this Agreement, and that all parties will make every reasonable effort to exeditq, the subject matters hef Hof. It is further und(�rs poc} 444 agreed that the succepgful consummation of this {f: q:Cegment` and the development of the Property in the best intereOts of all partie§ requires their continued cooperatiop . k.rf .. Develo e 4 ° P c Qes hereby evidence his ir}�ention to ` ui�y rq ply with all V jig(�e re pirements , his willingness tp `d�- eu4,5 any matteFq of mutuafi, interest that ;p�Ly arise, en-f hid. willingnggq Vq assist ' the Village to the fullest :! possible. Toe Villgcjerdoes hereby ey�dsnpe its , - o always cooperate in thq : resolution of,m4t,}al prop its w}i #gness to f gR.�iitate the deb elo ment of ' e Y'-Pro �erty as cor tomp�ated by the provision of "iq, Agreement. Thiq Agreement shall be en rceable in arty spurt i x , of co } q�Pz}t jurisdict Qn by any of q arties o . Y 4;1 approp 44e agtion at 1 yj or in equi vttQ; secure F,. t o Fer- . formangp of the covenants herein con#eine1. If 'q rqu}lion of t4 A-4?eegent is helq invalid, such Fovisiop § be deems to,,Oe excised hq;efrom and the Olidity �4ereofk shall -�q 4ffect an of . the other r . q x P RV ons cont4�pipd herein e , 15. - Thip 4greement will be binding on all parties for a term of five (5) years from the date of the execution of this Agreement by the Vi�lage; provided, however, tha4, at r the termin��ion thereof, any portion of the Property, not then under development pp previously developed s�a11 revert to the R-3 classification under the Zpxj .pg Ordinapgp as it is now in effect. 16. This Agreement shall be binding upon the parties hereto, their respective successors arid 'assigns; prov' , pd, + } however, that in the evept Developer' s obligationserp�}�cer are assumed in writing (and a copy of such assuMp�igp, phj� l be delivered to the Village) by a successor to I�Qve_,gpir' s interest $} the Property, the Village agrees to _; ga �gley = r to Developer's successor for the perfgrMance ofA3tipRrls „ ( obligatip:} �ereunder. ;n the event Developer de y t iri its perq fiance of his ppligations set foFth ins 'yge-- ment �. a}} a such time, the Village �r, npt in de n: }ts �i41 44 ,, obligations then the V� gage may, upon notice to elo er, allow Developer one hurl Fpd eighty (10,Q) days to ,q sub} P =T.I default prPprovide evide�6e to the Vi p that s h e It g �; } will be p#pd in a time y,manner if i� Ga�not be ;9i}�et�, during,a4i4 eriod. If Peveloper fails to cure �' r gefau t or prod cp such evidencd, s provided , 'bove, then 'r } Y� pt ce to Develp p ,� the Village ymay begin S]{ph pecessarye pF9g4pdi.ngs to compf� - �Pe Developer" comply. 17E '„ Tp parcels deq`Jgnated as pTopoged Indu'tFial L, Drive apda p park/deter ion (the De a ed Par6 1 �") s s shown qn ,top Preliminartiyl ?lan, shall ' c�peded t9 thg V�.11age s �. at the t1imp. 9f the reco pg of the p� 4,' t of subdiuition of that � po tjQ . of the Prop'fifty contain��g p?ch De j aat�on Parcels, = 040ject to the encumbrance of the Temporary access and such other reserved easement rights as may be requested by Developer and as approved by the Village in its reason „,,v, ,,. re„«rw cu,fJfNll/aioeli „„mi,in„z r^""'""^•`� ,,—.,,, .,.w...�...,. able discretion. At Developer' s expenge, Dt-veloper shall Provide the Village with a title insurgpce policy }p the amount of One Thousand Doj. ars ($1, OOQ) regarding toe pedi- cated Parcels. Developer will cause tq be prepare4 and will deliver plats of all portions of the k? oerty whicYi arq to be conveyed and/or dedicated, and Developer warr4pts , t4at all real estate taxes (including but not limited, to' roll back for agricultural asseSgment) to the' date Qf q c c tion Y will be paid. All dedice�jQns shall conform wit4 t o requirements of Village Ordinance 77-72 and any subsequent agreg)nents between Developer and the Park District, Site imp'xoV eats to the Dedication Parcels p4all include fine gradi}' hydroseedinq, The use of the Dedicatipn Parcels proposed p4 strial Drive) tphall be limited to pal and . ro � recreational uses and for storm water m4p4gement. ..- 18. Tb(e Village agrees to permit toe Developer ' a� all times to co{},,struct and m '��T}�ain model a�ea� on t�o Ptoqerty, f a maximum o give (5) un ' ts ; or the consisting Q f }t ? s 11 e, ,,Kith suitakfamily moje� area, togeth@f, Y eet '4rk�ngr t�s areas, apd a suitable mo q�. grea for } �t lti-fa '` teas .a ,t ,. F trff 4 ra `. Such construp�ion shall by i comp lianpe wa.th their r lions of the V}l1419'is Building;gQq'e, as pre§ '..n in ex}4tqnqe ar as amende Vqm time to �3 rep, Further :thq Deveio e� `M4y t utilize or a resid ue as a projeq� office fq marketing Rprtions of ��e�'Property; ' prQvided, how vor” that sua ',shall be di q q�inued whe ; the projep ,eon- template4 hOrgin has been Billy and finally completed. 19• Oq,X4:9 oper is theho° older of an option to pprchase the Option Proporty and agrees that Developer shall acquire the Option Property prior to seeking approva� of the final f ,. µ..me.,, ,,, .,, ..�.,, ,eo „ ._„ , od — irnwmmmumw wwumw•iwimwim�uvm mmm umouuuuuuuuuuluuuuulumlllll '�..—.�W�I- wm�,w,nwmwwu•m „w.w ._. plan on Phase 2. Upon acst}isition of such Option Property and approval of the final plat for Phase 2f Developer shall cause a restrictive covena4t, to be placed of record providing that the northerly boundql:y of such Op4op Proper�y sh4I.l constitute the building set back line from sake-Cp' q� Rood, and no structures shall be erected upon the Optigp' Property except an indemnification`monument/sign approved key the Appearance Commission of the Village. The lendscopq plans for the Option Property shall be subject to the rev+ew of 1 i the Appeararlge Committee Qf the Village. 20. peveloper agreed to fully improve Paulir}e avenue to Village gtandards as sogwn on the Prpl m�nary p�4n, from Horatio 15o f evard to the p' . stern bound4.�y line of top Proper- ty. - . ty. SucY} T'rt}pxovements sh be constrfec� as pax and at s' the time o f Phese 1 improVei}lents. DevWper also''ggree$ , as part of t�q ease 2 improveltents, to cor} ruct the -Tgmporary - Access as dgp�cted on the 4TtgTiminary R} . ' At t.h that the ' pte, section of Tpd� strial Driyq f and Lal -7C(?P load A . �• is fully tmmved, Develo IV 'agrees to , rgmove the�­,►fem Qrary Access ap4 FgFtore and lar:gg'oape the ar�a :to a manper cnmp4rable 3 with the ppff ljnding area }}t�1.o the reaso�14e satis f ct�.o�} 'Qf the Villagq. At the time 9 pompletion , gf quch TeTpgr�py , .{ Access , De vglpper shall de�iVer to the Vi�lage tY}o 4, s-`• Three Thggp4pq Dollars ($3f qQQ) to be held J�n esc;ow °Py �'t�� Village t? „ip&ure Develops' removal OfEthe Tempo . ry r-3 Access. peye,�pper also aq egs at the �tme that the `Temporary Access is "q.Q{ $tructed, to ;.1 aver to t441 Village the .gum of Thirty Thousand Dollars ($30, 000) to be held in escrow by the Village as Developer' s share of the cost of improving —lti— ro osed-° .� p P Tndustr. _ Drive and the intersect. i of proposed, Industrial Drive and Lake-Cook Road. The Village agrees that such amount shall be Developer' s sole respons�bil}ty with respect to the improvement of Indµ€tial Boulevard or its intersection with La} p-Cook Road. 21. Developer agrees to provide, at the time of f�ni�j approval of the Phase 2 p}ap, an easement for emergency vehicle access between proposed Industrial. Drivq tlpq toe five (5) 4c4:g parcel immediately abutting Phase 2 ' tp Bop, West. 22. T49 parties acknowledge and agree that tPq i0divid- uals who a:pq Members of thq group const tyting tho ° Q poste r Authorities and the officgFp, agents, ph4reholder§ nd ' reP resentaY �Rs of Develo e:p are enteri gFinto thip� s eeme}zt , in their of p, al capacit}gs as memberq' qf: such grplz and shall havg nq ' ersonal lij�ility in the}F ipdividi}aT g4pagi- ties, exGgp� as provided statute or cage' law. 23. y potice requtFej pursuant to t�e provisions of this Agrgq{tis� shall be ip; writing and dent by cer. }died mail, to floe following adgfgsres (until. 'notice of c�angq of address is ' +von) , and shall.' be deemed ;eq�ived or} t�q second bugipday folloW�,pg4deposit ip'.the U.S . �."I: If tp. ppyploper: G%6 James Mikes, Dsq. 44pick & Wolt6 (0 Qrth LaSall(9 Street IllinQp si, 60602 If to Vi��age. V*JJ� Lge Clerk ' V -114ge of Buffalp' Grove 5 •�4upp Boul ' 4�4. �Ifo4jo Grove; ` �liinois 60090 e -17- 24 . Iry.the event t} at any portion} of the Property is made subject to the provisions of the Illinois Condominium Property Act pursuant to a declaration of condomip} gm, such . r declaration shall be subpUtted to the Village for #6 approval, not to be unreasonably withheld, to confirm that P14# declaration 4 • provides substantially as follows : ^d• 6 A. The owners of the condominium units , as an .4sso, ciation of 14pit owners , will own all common 4reas in common ten"cy, including sidewalks, roads , ;pereational facilities, opeT1 sp4ce andty i }jpprovements. B. Top association will be respg4sible to {p4iptain common areas with funds Provided frqfg' ,per}odic gRgessments against each unit. C. Ir} the event a 4nit owner do's not pay #pe assess- . m ,} ts, the assgGj4tion may iT�press a lid } against t unit for tho unpaid assegpmnt. D. I1"`the event the association .4oq! not ma}{ltn the cpMmon areas irf ra a. satisfacto n}1nner, �:.Vi�lage i a " s _Tl be permitted but not be 'obl,igated ma#taip t } common areas and the association shad 1romptly e { urse the V Jlage for its maintenance ,e,FenPes E. Tr} the event the -association ' qot�,s not rgi i r- se , . thq Village, the Village shall' �e entit�R' tq iTppress a lien ,eglinst the i{ dilidual c ' ORIPT 4pium 4�r}J, s for reimbursement. F. { aoasement shill be provided tp the ViTlagg over a e , a common areas for public safety and utility maintenance. -18- IN WITNESS IN-EREOF, tie Corporate Authorities and Developer have caused this instrument tp }De executed by their respective propel officers duly 4utborized to execute the same on the day and year first writtep above. THE VILLAGE OF BUFFALO GROVE, a Municipal Corporatipn of the ATT EST: State of Illipois _..w. :.� By: Clerk Village President /'7 J6 ANDEN CORPORATION, a California TEST: corporation, f By: President -19-