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1993-056 u e 7/8/93 ORDINANCE NO. 93- 56 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT School District 102 Middle School, Brandyw n Lane/Prairie Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a resolution to annex the property legally described in Exhibit A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notice of the public hearing on said Annexation Agreement and Zoning has been given and a public hearing was held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1 . The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo G rove. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Marienthal, Reid, Kahn, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Rubin PASSED: July 12, 1993 APPROVED: _,_july 12, 1993 ATTEST: APPROVED Vi ge Clerk NEY H HI Village President ANNEXATION AGREEMENT School District 102 Middle School, Brandywyn Lane/Prairie Road This agreement (hereinafter referred to as the "Agreement") made and entered into this 12th day of July, 1993, 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 the Regional Board of School Trustees of Lake County, Illinois, for the use and benefit of Aptakisic-Tripp Community Consolidated School District No. 102 (hereinafter referred to as "Owner"). WITNESSETH• 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 (hereinafter referred to as the "Property") comprising 12.50 acres legally described and identified in the Legal Description, which is attached hereto as EXHIBIT A, Which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, A Plan of Annexation, including certain street right-of-way adjacent to the Property, is attached hereto as EXHIBIT B, which depicts a total area of 12.87 acres to be annexed; and, WHEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable to the R-1 One-Family Dwelling District of the Village Zoning Ordinance with a Special Use for a public school facility, to develop the Property in accordance with and pursuant to a certain Preliminary Plan prepared by Fanning/Howey Associates and dated as last revised June 15, 1993, and also Preliminary Engineering Plan prepared by Manhard Consulting, Ltd. and dated as last revised June 15, 1993 (hereinafter jointly referred to as "Preliminary Plan"), a copy of which Preliminary Plan is attached hereto as EXHIBITS C and D and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of property shall consist of a two-story elementary school building with a total gross floor area of approximately 81,000 square feet, and appurtenant parking areas and outdoor recreation facilities; and, WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et se_q. , of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) and as the same may have been modified by the Village's Home Rule Powers, a proposed Annexation Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the Village has held a public hearing and made their recommendations with respect to the requested zoning classification of the R-1 District with a Special Use for a public school facility; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 5/11-15.1-1 et ., of the Illinois Municipal Code(Chapter 65, Illinois Compiled Statutes 1992) and as the same may have been modified by the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. 2. Agreement: Compliance and Validity. The Owner has filed with the Village Clerk of the Village a proper resolution pursuant to and in accordance with provisions of Section 5/7-1-14 of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) and as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex the Property to the Village. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless the Property is validly annexed to the Village and is validly zoned and classified in the R-1 District with a Special Use for a public school facility, all as contemplated in this Agreement. 3. Enactment of Annexation Ordinance. The Corporate Authorities within twenty- one (21) days of the execution of this Agreement by the Village will enact a valid and binding ordinance (hereinafter referred to as the "Annexation Ordinance") annexing the Property to the Village. Said Annexation Ordinance shall be recorded with the Lake County Recorder's Office along with the Plat of Annexation (attached hereto as EXHIBIT B). Recording shall take place no more than thirty (30) days after enactment of Annexation Ordinance. 4. Enactment of Zoning Ordinance. Within twenty-one(21)days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid and binding ordinance, zoning the Property in the R-1 District with a Special Use for a public school facility subject to the restrictions further contained herein and, to the extent required by law, 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 substantial accordance with the Preliminary Plan (EXHIBITS C and D) and other exhibits attached hereto or incorporated by reference herein. S. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (EXHIBITS C and D) pursuant to the provisions of the Development Ordinance. The Corporate Authorities agree to approve a Development Plan (including plats of subdivision) based on final versions of the plans and drawings of the development of the Property as submitted by the Owner, provided that the Development Plan shall: - 2 - The Owner agrees to dedicate a right-of-way 60 feet in width along the west side of the Property from Brandywyn Lane to the south lot line of the Property. The Owner agrees to dedicate 20 feet of right-of-way along the south side of Brandywyn Lane. Said dedications of right-of-way for Prairie Road, the future collector street and Brandywyn Lane shall be made at the time of the first plat of subdivision for the Property. 14. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearings held before the Plan Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Agreement, upon execution by the parties, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Legal Description EXHIBIT B Plat of Annexation EXHIBIT C Preliminary Plan dated June 15, 1993 by Fanning/Howey Associates EXHIBIT D Preliminary Engineering Plan dated June 15, 1993 by Manhard Consulting, Ltd. EXHIBIT E Landscaping Plan dated June 15,"1993 by Fanning/Howey Associates EXHIBIT F Building elevations and floor plans dated April 22, 1993 by Fanning/Howey Associates 15. Building, Landscaping and Aesthetics Plans. Owner agrees to cooperate with the Village by submitting building and landscaping plans for review by the Appearance Commission and the Corporate Authorities before commencing construction of buildings. Lighting and signage shall be compatible with surrounding areas and as approved by the Appearance Commission. Phases not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 16. Annexation to the Buffalp Grove Park District. The Owner agrees, at the request of the Buffalo Grove Park District, to annex any part or all of the subject Property to said Park District. 17. 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 its intention to fully comply with all Village requirements to the extent required by law, its willingness to discuss any matters of mutual interest that may arise, and its 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. - 5 - 18. 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. 19. Term of Agreement. This Agreement will be binding on all parties and the Property for a term of twenty (20) years from the date of the execution of this Agreement by the Village. This Agreement shall not be assigned without prior written consent of the Village. 20. Binding Effect of Agreement. This Agreement shall be binding upon the Property, the parties hereto and their respective successors and assigns. 21. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities, the Owner, and Aptakisic- Tripp School District No. 102 and its Board of Education are entering into this Agreement in their official capacities as members of such groups and shall have no personal liability in their individual capacities. 22. Notices. Any notice required pursuant fo 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: Dr. C. Douglas Parks, Superintendent Aptakisic-Tripp Community Consolidated School District No. 102 1231 Weiland Road Buffalo Grove, IL 60089 Copy to: Therese Hodges Hodges, Loizzi, Eisenhammer, Rodick & Kohn 3030 Salt Creek Lane, Suite 202 Arlington Heights, IL 60005 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa & Skelton 1140 Lake Street Suite 400 Oak Park, IL 60301 - 6 - 23. 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-E District 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-E District classification. 24. Special Conditions. A. The following variations to the Village's Development Ordinance are hereby granted: Section 16.50.040.C.3. - to waive the requirement for underdrains in the stormwater detention facilities; Section 16.50.040.D. - to allow low argils of the parking lot to be less than 12 inches above the high water level of the stormwater detention facilities. B. The Owner shall construct the portion of the future collector street on the west side of the Property necessary to provide access to the west parking/bus circulation area on the Property. Construction of said collector street shall be in conformance with the standards of the Buffalo Grove Development Ordinance. C. The Owner shall provide streetlights, parkway trees and sidewalks along Brandywyn Lane and Prairie Road as required by the Buffalo Grove Development Ordinance. The sidewalks along Brandywyn Lane and Prairie Road shall be eight (8) feet in width. D. The Owner shall construct a twelve (12) inch diameter water main along Prairie Road east of the Property in conformance with the Buffalo Grove Development Ordinance. E. The Owner shall provide the grading plan showing trees to be preserved or relocated to the Village prior to any grading or site preparation activities. F. All water wells and septic sewer facilities on the Property shall be properly sealed or filled as required by the Illinois Department of Public Health and as approved by the Village Health Officer. G. Existing structures on the property shall be removed. One single-family structure may be used as a construction office for the middle school project prior to removal of said structure. If the Village so directs, Owner shall allow the Village to use said structures for - '7 - fire training purposes. Owner shall be responsible for removing all debris and building remains from the Property. H. The Owner shall complete all improvements as set forth on the Exhibits attached hereto and those improvements described in Paragraph 24.0 above within four (4)years from the date of this Agreement. 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. VILLAG B GROVE By Its ATTEST: �a OWNER: Regional Board of School Trustees of Lake County, Illinois, for the use and benefit of Aptakisic-Tripp Community Consolidated School District No. 102 Its ATTEST: OWNER: Aptakisic-Tripp Community Consolidated School District No. 102, Lake County, Illinois By: Cur Its �e S l D gxe 6 ATTEST: - 8 - VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE 07 BUFFALO GRO THIS DAY OF 19C� Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, CookA Lake Counties, Illinois, this day of , 19—?'�3. Village Cler By. puty Village Clerk