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1985-064 ORDINANCE NO. 85-64 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT IN THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS (Riverwalk) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and WHEREAS, the hereinafter legally described real property was annexed into the Village of Buffalo Grove pursuant to an annexation agreement which was approved by Ordinance No. 84-10 dated January 30, 1984; and WHEREAS, a request has been made to develop the property in the B-3 Zoning District; and WHEREAS, notice of a public hearing for Preliminary Plan approval of said property has been given and a public hearing was held: 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 Planned Unit Development Agreement dated October 14, 1985, which agreement is by reference made a part hereof, along with all Exhibits is hereby approved. The area within said Planned Unit Development Agreement is legally described as follows: That part of the southeast quarter of Section 35, Township 43 North, Range 11, east of the Third Principal Meridian and a part of Columbian Gardens Unit 2; being a subdivision in part of the aforesaid Section according to the plat thereof recorded as Document 282352, said parcel being described as follows: Commencing at the southwest corner of said Columbian Gardens Unit 2 (said point being in the centerline of Milwaukee Avenue) : Thence easterly along the southerly line of said Columbian Gardens Unit 2 to the easterly line of said Milwaukee Avenue; thence northerly along the easterly line of said Milwaukee Avenue to the northerly line of Marquette Place in said Columbian Gardens Unit 2; thence easterly along said northerly line and its easterly extension to the northerly extension of the westerly line of Lot 2, Block 9, in said Columbian Gardens Unit 2; thence southerly along said westerly line extended to the northwest corner of said Lot 2; thence easterly to the northeast corner of said Lot 2; thence southerly to the southeast corner of said Lot 2; thence easterly along the northerly line of Lot 6, Block 9, and its easterly extension to the easterly line of Long Beach Drive; thence southerly, easterly and southerly along the easterly, northerly and easterly lines of said Long Beach Drive to the easterly extension of the southerly line of Block 10 in said Columbian Gardens -1- -2- Unit 2; thence westerly along said south line to a point which is north 00 degrees 00 minutes east from a point on the south line of the southeast quarter of said Section 35 which is 950.0 feet east from its intersection with the centerline of said Milwaukee Avenue; thence south 00 degrees 00 minutes east to the south line of said southeast quarter of Section 35, thence west along said south line 950.0 feet to the center line of said Milwaukee Avenue; thence northerly along said centerline to the point of beginning (except that part falling in Milwaukee Avenue and Lake-Cook Road) and (except Lot 11 in Block 10 in said Columbian Gardens Unit 2) in Lake County, Illinois. Section 2. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Marienthal, Glover, Reid, Shields, Kowalski NAYES: 1 - O'Reilly ABSENT: 0 - None PASSED: October 14, 1985 APPROVED October 14, 1985 APPROVED: G" VERNA L. CLAYTON, Village esident ATTEST: Vill e Clerk DRAFT 10/7/85 REVISED 10/10/85 FINAL 10/14/85 RIVERWALK PLANNED UNIT DEVELOPMENT AGREEMENT TABLE OF CONTENTS 1. Applicable Law. 2 2. Agreement: Compliance and Validity. 2 3. Enactment of Zoning Ordinance. 2 4. Approval of Plats. 3 5. Compliance with Applicable Ordinances. 3 6. Amendment of Plan. 3 7. Building, Permit Fees. 4 8. Water Provision. 4 9. Storm and Sanitar Sewer Provisions. 5 10. Drainage Provisions. 6 11. Owner Recapture of Utility Costs. 6 12. Payment of Recapture Fees Owed. 7 13. Security for Public and Private Site Improvements. 7 14. Exhibits. 8 15. Buildin , Landsca2ing and Aesthetics Plans. 8 16. Facilitation of Development. 8 17. Enforceability of the Agreement. 9 18. Binding Effect of Agreement. 9 19. Corporate Capacities. 9 20. Notices. 9 21. Default. 10 22. Special Conditions. 10 DRAFT 10/7/85 REVISED 10/10/85 FINAL 10/14/85 RIVERWALK PLANNED UNIT DEVELOPMENT AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 14th day of October, 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 LaSalle National Bank, not personally but as Trustee under TRUST #110049 dated 7/2/85 (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 17.5 acres legally described and identified EXHIBIT A, 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, said Property is subject to an Annexation Agreement approved by Ordinance No. 84-10 dated January 30, 1984; and, WHEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable to the B-3 Zoning District of the Village Zoning Ordinance to develop the Property in accordance with and pursuant to a certain Phasing Plan prepared by Wilson/Jenkins & Associates, Inc. , and also a Preliminary Plan prepared by Cowhey Associates, Ltd, and dated as last revised October 10, 1985, (hereinafter jointly referred to as the "Preliminary Development Plan") , a copy of which Preliminary Development Plan is attached hereto as EXHIBIT C and 1 EXHIBIT D and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. 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 Planned Unit Development; 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 to as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 17.28.060 of the Village's Zoning Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. 2. A reement: Compliance and Validity. It is understood and agreed that this Agreement in its entirety, shall be null, void and of no force and effect _ unless property is approved as a Planned Unit Development, all as contemplated in this Agreement. 3. Enactment of Zonin& Ordinance. The zoning of said Property shall be further conditioned on the development of the Property in accordance with a Phasing Plan prepared by Wilson/Jenkins & Associates, Ltd. , (EXHIBIT C) , and the Preliminary Plan prepared by Cowhey Associates, Ltd. , and dated as last revised October 10, 1985 (EXHIBIT D.) 10/14/85 2 4. A roval of Plats. The Corporate Authorities hereby approve a Preliminary Development Plan (EXHIBITS C & D) pursuant to the provisions of the Development Ordinance and in addition agree to approve a Final Plan of Development or plats or phases of the development of the Property 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 the Property as submitted by the Owner provided that the plat or plats shall: (a) conform to the Preliminary Development Plan, (EXHIBITS C & D); 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 B) as amended from time to time. It is understood and agreed that the final subdivision plat or plats that will hereinafter be submitted by the Owner shall conform to the Preliminary Development Plan. 5. Comaliance with Aeplicable Ordinances. The Owner agrees to comply with all ordinances of the Village of Buffalo Grove 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 to the extent possible. Owner, in the development of the Property shall comply with the standards set forth .in the Village of Buffalo Grove Development Ordinance as amended from time to time. 6. 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 10/14/85 3 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 floor area proposed for nonresidential use; nor (c) increases by more than two percent (2%) the total ground area covered by buildings. 7. 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 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 from time to time. Owner shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Owner or property within the Village. 8. 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 D 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 10/14/85 4 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 part of the Village water system maintained by the Village. The Owner hereby agrees to pay his proportionate share of the water connection fees for the Chevy Chase Subdivision. This is based on the percentage of acreage in Riverwalk to the entire Johnson Property East. This percentage is 12% (17.5 divided by 144.8). 9. Storm and Sanitary 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 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 and to the Illinois Department of Transportation and the Cook County Highway Department as may be appropriate. The Owner shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as per EXHIBIT D, 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 10/14/85 5 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 to the extent possible. 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 D, 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 serves 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 have a covenant prepared to that effect for Village approval prior to plat approval. 10. 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 conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 11. Owner Reca ture of Utility Costs. 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 serve the 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 10/14/85 6 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. Said recapture ordinance shall only be enforceable for seven (7) years from its passage. 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. 12. Pa ent of Recapture Fees Owed. Any amount of recapture required to be paid by this Property shall be due and payable upon final platting of this development. 13. SecuritZ for Public and Private Site Im rovements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance, and the Development Improvement Agreement (EXHIBIT B) 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 Owner until such improvements have been formally accepted by the Village. 10/14/85 7 14. 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 Legal Description EXHIBIT B Development Improvement Agreement EXHIBIT C Phasing Plan EXHIBIT D Preliminary Plan EXHIBIT E Preliminary Landscape Plan EXHIBIT F Building Elevations EXHIBIT G Parking Facility Plan EXHIBIT H Intersection Design Study 15. Building, Landscaping 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. Lighting, signage, and architecture shall be compatible with surrounding areas. Phases not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. The building materials shall consist of polished granite, glass with a 20% reflectivity and a metal clad roof. The parking structure shall consist of painted pre-cast concrete. 16. Facilitation of Develo ment. 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 10/14/85 8 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. 17. Enforceability of the A, reement. 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. 18. Bindin& Effect of Agreement. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 19. 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. 20. 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: LaSalle Trust #110049 c/o Trammell Crow Company One Pierce Place Itasca, Illinois 60143 Attention: Donald Thomas 10/14/85 9 Copy to: D'Ancona Pflaum 30 North LaSalle Street Suite 3100 Chicago, Illinois 60602 Attention: Joel D. Rubin If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Copy to: William G. Raysa Bloche' , French & Raysa 1011 Lake Street Oak Park, IL 60301 21. Default. In the event Owner 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. 22. Special Conditions. A. The following variations are hereby granted from the Buffalo Grove Development Ordinance and Zoning Ordinance: Development Ordinance Section 16.50.070.D.2. - This provides for a reduced right-of-way width from 80 feet to 60 feet, and a reduced pavement width from 47 feet to 40 feet on Riverwalk Drive. 10/14/85 10 Section 16.50.080.A. 1. - This provides for a sidewalk on one side of Riverwalk Drive and an internal bikepath in lieu of a portion of the sidewalk on Milwaukee Avenue and Lake-Cook Road. Section 16.50. 120.I. 1.e. - This provides for a variation to Village standard parkway tree planting requirement in order to allow berms and clustering of trees pursuant to EXHIBIT E. Section 16.50.100.D.2. - This provides for a customized street light pole design as opposed to the Village standard. Section 16.50.040.C.4. - this provides for a "seawall" type treatment and Enkamat around the retention basin as opposed to the standard boulder treatment. Zonina Ordinance Section 17.44.040.D.3. - This allows a building setback from the north property line less than 362 feet. Section 17. 36.030.F. 1. - This allows a parking stall design and layout pursuant to EXHIBIT G. Section 17.44.040.D.4. - This allows a building setback along Riverwalk Drive to be less than the building height. B. An easement shall be provided over the entire bicycle path system allowing access to the public. In addition, a maintenance covenant shall also be provided requiring maintenance of the bicycle path system by the Owner whether on public or private property. C. All landscaping and street lighting within public right of way on Riverwalk Drive shall be maintained by the Owner. D. Riverwalk Drive shall be posted for NO PARKING. E. If the Village so directs, a curb cut shall be provided on Riverwalk Drive to provide access to Daniello's Restaurant. 10/14/85 11 F. The Owner agrees to forward to the Village at its request (though not later than twenty-four (24) months after approval of the P.U.D. Ordinance) , $75,000 for fire protection purposes. Said amount shall be included within the Performance Guarantee for the first phase of the Property. G. No wall signage shall be allowed on the face of the buildings above the first floor. H. Owner agrees to pay for the following off-site roadway improvements in connection with this development. All improvements identified shall be provided in the Development Improvement Agreement for Phase I construction: 1. Engineering Design Costs: Owner agrees to pay 50% of the design engineering costs (Phase I and Phase II using FAUS guidelines) and to provide all necessary right-of-way adjacent to Riverwalk for the intersection improvements to Lake-Cook Road and Milwaukee Avenue as described in the InterstPrr;^.. ^- -- It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the.representations, Cove- nants, undertakings, warranties, and agreements herein made on the part of the Trustee while in form purporting to be the representations, covenants, undertakings, warranties, and agreements of said Trustee are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings, warranties, and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee not in.its own right, but solely in -the exercise of the powers conferred upon it as such Trustee; and that no personal liability or per- sonal responsibility is assumed by nor shall at any time be asserted or enforceable against the LaSALLE NATIONAL BANK on account of this instrument or on account of any representation, covenant, undertaking, warranty, or agreement of the said Trustee in this instrument contained, either expressed or implied, all such personal liability, if any, being expressly waived and released. The Trustee makes no personal representa- tions as to nor shall it be responsible for the existence, location or maintenance of the chattels herein described, if any. LUCU.LaLL mwairications to provide right in/right out movements only at the intersection of Lake-Cook Road and Riverwalk Drive. 10/14/85 12 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. APPROVED: 4�ram° VERNA L. CLAYTON, Village resident ATTEST: VillagCaClerk - LaSalle National Ba , as Trustee Under its OWNER: Trust No...... ... ....... d not individually., By.,�., - .........._........._....................... e't Vice President ATTEST: Assistant Secretary e 10/14/85 13 RIVERWALK P.U.D. EXHIBIT A LEGAL DESCRIPTION That part of the southeast quarter of Section 35, Township 43 North, Range 11, east of the Third Principal Meridian and a part of Columbian Gardens Unit 2; being a subdivision in part of the aforesaid Section according to the plat thereof recorded as Document 282352, said parcel being described as follows: Commencing at the southwest corner of said Columbian Gardens Unit 2 (said point being in the centerline of Milwaukee Avenue) : Thence easterly along the southerly line of said Columbian Gardens Unit 2 to the easterly line of said Milwaukee Avenue; thence northerly along the easterly line of said Milwaukee Avenue to the northerly line of Marquette Place in said Columbian Gardens Unit 2; thence easterly along said northerly line and its easterly extension to the northerly extension of the westerly line of Lot 2, Block 9, in said Columbian Gardens Unit 2; thence southerly along said westerly line extended to the northwest corner of said lot 2; thence easterly to the northeast corner of said Lot 2; thence southerly to the southeast corner of said Lot 2; thence easterly along the nortlerly line of Lot 6, Block 9, and its easterly extension to the easterly line of Long Beach Drive; thence southerly, easterly and southerly along the easterly, northerly and easterly lines of said Long Beach Drive to the easterly extension of the southerly line of Block 10 in said Columbian Gardens Unit 2; thence westerly along said south line to a point which is north 00 degrees 00 minutes east from a point on the south line of the southeast quarter of said Section 35 which is 950.0 feet east from its intersection with the centerline of said Milwaukee Avenue; thence south 00 degrees 00 minutes east to the south line of said southeast quarter of Section 35, thence west along said south line 950.0 feet to the center line of said Milwaukee Avenue; thence northerly along said centerline to the point of beginning (except that part falling in Milwaukee Avenue and Lake-Cook Road) .and (except Lot 11 in Block 10 in said Columbian Gardens Unit 2) in Lake County, Illinois. RIVERWALK P.U.D. EXHIBIT B DEVELOPMENT IMPROVEMENT AGREEMENT