1983-006 r�
ORDINANCE N0, 83- 6
AN ORDINANCE APPROVING ANNEXATION AGREEMENT
(S oerlein Farm)
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 author-
ities of the Village of Buffalo Grove a petition to annex the property legally
described in Exhibit A hereto; and,
WHEREAS, there has also been submitted to the corporate authorities of
the Village of Buffalo Grove an Annexation Agreement; and,
WHEREAS,' proper and due notices of public hearings on said Annexation
Agreement and Zoning have been given and public hearings were held; and,
WHEREAS, it is determined to be in the best interests 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 Grove.
_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 , O'Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 1 - Stone
ABSENT: 0 - None
PASSED: January 24 1983
APPROVED: January 24 1983
APPROVED:
Village President
ATTEST:
Village Cleric
s .
1/20/83
ANNEXATION AGREEMENT
This Agreement (hereinafter referred to as the "Agree-
ment") made and entered into this 24th day of January
1983, 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 DENNIS
SPOERLEIN, not individually but as Trustee under a Trust Agree-
ment dated January 2, 1980 and known as Spoerlein Trust No. 80
( "Spoerlein" ) , and IRVING M. STAHL and LAMINA M. STAHL, husband
and wife ( "Stahl" ) (Spoerlein and Stahl are collectively re-
ferred to as the "Owner" ) ; and MIDWEST DEVELOPMENT VENTURE I_I ,
an Illinois limited partnership (hereinafter referred to as
"Developer" ) .
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 approximately 20.3 acres bounded on the north by
Strathmore Grove, on the west by Arlington Heights Road, and on
the South by IL Route 83, and legally described and identified
in.the Petition for Annexation, which is attached hereto as
Exhibit A, which exhibit is made a part hereof (hereinafter
referred to as the "Property" ) and which real estate is con-
tiguous to the corporate limits of the Village; and
WHEREAS, Owner desires and proposes pursuant to the provi-
sions and regulations applicable to the B-3 and R-9 P.U.D.
Districts of the Village Zoning Ordinance to develop the Prop-
erty in accordance with and pursuant to a certain Preliminary
Development Plan prepared by Land Consultants dated as last
revised January 3, 1983, and also Preliminary Engineering Plan
prepared by McBride Engineering dated as last revised November
7, 1982 (hereinafter jointly referred to as the "Preliminary
Development Plan" ) , a copy of which Preliminary Development
Plan is attached hereto as Exhibit F (consisting of 4 sheets)
and Exhibit G and incorporated herein, and subject to all other
exhibits attached hereto or incorporated by reference herein.
Said development of the Property shall contain one hundred
seventy-six (176) multiple family residential units consisting
of 161 two bedroom units and 15 three bedroom units and shall
allow the development of the office/commercial area in con-
formity with the Preliminary Development Plan.
WHEREAS, pursuant to the provisions of Section 11-15 . 1-1,
et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois
Revised Statutes, 1979) a proposed Annexation Agreement, in
substance and in form substantially the same as this Agreement,
was submitted to the Corporate Authorities and a public hearing
was held thereon pursuant to notice as provided by Statute; and
2
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
recommedation with respect to the requested zoning classifica-
tion of B-3 and R-9 P.U.D. Zoning Districts; and
WHEREAS, the parties have entered into this Agreement in
good faith, having used their best efforts to accurately dis-
close information relevant to the matters contained herein and
having used that information to evaluate the terms and exhibits
of this Agreement; and
WHEREAS, 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 ser-
vice 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 11-15. 1-1, et.
seq. , of the Illinois Municipal Code (Chapter 24, Illinois
revised Statutes, 1979) and the Village' s Home Rule powers.
The preceding whereas clauses are hereby made a part of this
Agreement.
3
2 . Agreement: Compliance and Validit The Owner has
filed with the Village Clerk of the Village a proper petition
(Exhibit A hereto) pursuant to and in accordance with provi-
sions of Section 7-1-8 of the Illinois Municipal Code (Chapter
24, Illinois Revised Statutes, 1979) , conditioned on the execu-
tion of this Agreement and the compliance with the terms and
provisions contained herein, to annex 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 Property is valid-
ly annexed to the Village and is validly zoned and classified
in the B-3 and R-9 P.U.D. Zoning Districts, all as contem-
plated 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 Ordi-
nance" ) 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) . Recordation 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 property in the B-3 and R-9 P.U.D. Zoning
4
Districts subject to the 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 a Preliminary Development Plan prepared by Land Consul-
tants dated January 3, 1983 (Exhibit F) , and the Preliminary
Engineering Plan (Exhibit G) .
5. Approval of Plats. The Corporate Authorities hereby
approve a Preliminary Development Plan (Exhibit F & G) pursuant
to the provisions of Section VI of the Village Subdivision
Regulations Ordinance and in addition agree to approve a Final
Plan of Development or plats or phases of the development of
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 property as submitted by the
Owner provided that the plat or plats shall:
(a) Conform to the Preliminary Development Plan and
Preliminary Engineering Plan, Exhibits F and G; and
(b) Conform to the terms of this Agreement and all appli-
cable Village ordinances as amended from time to
time; and
(c) Conform to the Subdivision Improvement Agreement,
Exhibit E, 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
5
shall conform to the phases of the development as shown on the
Preliminary Development Plan except that the Developer, at its
option, may separately subdivide portions of the residential
property within a Phase provided that all improvements within
such phase are bonded or otherwise secured. The phasing of
development for the Property shall be determined by the terms
and conditions of Section 30D of this Agreement.
6. Com liance with Applicable 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 and provided further that any such changes to the
zoning ordinance shall not preclude development of the Property
in substantial conformity with the Preliminary Development
Plan. Owner, in the development of the Property, shall comply
with the standards set forth in the Village of Buffalo Grove
Engineering Standards herein referred to as the Manual of
Practice as amended from time to time, a copy of which has been
made a part hereof as Exhibit C.
7. Amendment of Plan. If the Owner desires to make
changes in the Preliminary Development Plan, as herein ap-
proved, the parties agree that such changes in the Preliminary
6
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 Agree-
ment. The Corporate Authorities may, at their sole discretion,
require additional public hearings and may review the commit-
ments 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.
8. 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
subdivision regulations as applied to the Property 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.
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9. Water Provision. The Owner shall be permitted and
agrees to tap on to the Village water system at points recom-
mended by the Village Engineer (which points to the extent
shown on Exhibit G 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 accor-
dance with the applicable Village Ordinanances 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 abili-
ty and in a non-discriminatory manner water service to all
users on the Property in accordance with the Preliminary Devel-
opment Plan. Watermains serving the Property and those ap-
proved as part of the development shall be installed by the
Owner and, except for service connections to the building,
shall, upon installation and acceptance by the Village through
formal acceptance action by the Corporate Authorites, be dedi-
cated to the Village and become a part of the Village water
system maintained by the Village.
10. 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 juris-
diction as may be necessary to authorize connection from the
8
proposed development to the Lake County Public Works Department
for the collection of sewage and to the Illinois Department of
Transportation as may be appropriate . The Owner shall con-
struct On-site and off-site sanitary sewers as may be necessary
to service the Property, as per Exhibit G, however, it is
understood that changes to the Preliminary Engineering Plan may
be required at the time of Final Engineering. Upon installa-
tion 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 G, however, it is understood that
changes to the Preliminary Engineering Plan may be required at
the time of Final Engineering. Upon installation and accep-
tance 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 record a covenant to that effect within thirty (30)
days of the recording of the Plat of Subdivision.
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11. Drainae Provisions. The Developer shall fully
comply with any request of the Village Engineer related to the
placement of buildings on lots, to preserve drainage standards.
The Developer shall install any storm sewers and/or inlets
which are required to eliminate standing water or conditions of
excess sogginess which may, in the professional opinion of the
Village Engineer, be detrimental to the growth and maintenance
of lawn grasses.
12 . Pa ment of Recapture Fees Owed. The amount of recap-
ture required to be paid by this Property, as designated in
Exhibit J, shall be due and payable upon final platting of
(a)
Phase I /of this development or upon issuance of the first sewer
and water permit.
13 . 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 Manual
of Practice as amended from time to time.
14. Securit for Public and Private Site Im rovements.
Security for public and private site improvements shall be
provided in accordance with the Manual of Practice, Administra-
tive Order #2, and the Subdivision Improvement Agreement, as
amended from time to time, attached hereto as Exhibits C, D,
and E. 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
10
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 .
15. 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 exeuction
by the parties, together with copies of all Exhibits, shall be
kept on file with the Village Clerk and be available for in-
spection to the parties hereto.
Exhibit A Petition for Annexation of Property
Exhibit B Plat of Annexation
Exhibit C Manual of Practice
Exhibit D Administrative Order #2
Exhibit E Subdivision Improvement Agreement
Exhibit F-1 Preliminary Development Plan
thru F-4
Exhibit G Preliminary Engineering Plan
Exhibit H Declaration of Condominium
Exhibit I Park District Commitment
11
Exhibit J Recapture Amounts
Exhibit K1, Preliminary Elevations
K2 and K3
16. Annexation Fee. Owner agrees to pay an annexation
fee in an amount equal to $200 per residential dwelling unit
and $600 per acre for the Commercial/Office area which fee
shall be payable prorata at issuance of building permits.
However, the total fee for the entire property shall be paid
prior to the expiration of this Agreement.
17 . Building, Landscaping and Aesthetics Plans. As
required under Village Ordinance #72-12, as amended from time
to time, 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 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.
18. Declaration of Condominium. Developer intends to
submit the Subject Property to the provisions of the Illinois
Condominium Property Act pursuant to a Declaration of Condo-
minium in substantially the same form as that attached hereto
as Exhibit H. Prior to recording, the finalized Declaration of
Condominium shall be submitted to the Corporate Authorities for
their approval, such approval shall not be unreasonably with-
held. The Declaration of Condominium shall include easements,
12
right of entry by the Village, and other such rights, all as to
be determined by the Village .
19 . Project Models and Marketing Offices. The Village
agrees to permit the Developer to construct and maintain two
(2) model areas on the residential portions of the Property,
consisting of a maximum of one ( 1 ) building for each of the
model areas, together with suitable off-street parking areas,
all subject to Appearance Commission approval . 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 residential
Property. Such use shall be discontinued when the project
contemplated herein has been fully and finally completed. In
addition, the Developer may use the Spoerlein Home, as defined
in Section 30H, as a marketing as well as a construction and/or
general office. The Spoerlein Home may be so used provided
that it meets all applicable building and maintenance codes, as
amended from time to time, required for use of the structure.
Furthermore, all currently existing structures on the
Property shall be removed upon cessation of occupancy or use
unless the Developer submits preliminary plans to the Village
for its approval of continued use of any such structure.
20. Park 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 park donations.
13
The Developer, by entering into this Agreement, shall be deemed
to have filed its written objection to the density tables made
part of Title 19 . In lieu thereof, the Developer has submitted
actual population generation statistics of the Chatham Manor
Homes Development in Buffalo Grove, which the Developer asserts
is more truly representative of the population generation
anticipated for this Property. Developer agrees that it will
make contributions of money to the Village for conveyance to
the Buffalo Grove Park District according to the attached
letter to the Park District (Exhibit I ) . The contribution of
money to the Buffalo Grove Park District will be by way of
payment to the Village, to be made prorata concurrently with
the issuance of building permits by the Village . The Developer
will convey, or cause to be conveyed, the two passive open
space areas indicated in the Preliminary Development Plan to
the Buffalo Grove Park District, with each conveyance to be
made simultaneously with final plat approval of that portion of
the Property which includes such an open space area. In the
event the Park District does not accept such conveyance and the
Village also fails to accept same, then those areas will be
incorporated into the common area of the residential portion of
the Property, to be maintained by the Condominium Association
or other appropriate entity, as determined by the Developer.
21. 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
14
donations. The Developer, by entering into this Agreement,
shall be deemed to have filed its written objection to the
density tables made part of Title 19. In lieu thereof, the
Developer has submitted actual population generation statistics
of the Chatham Manor Homes Development in Buffalo Grove, which
the Developer asserts is more truly representative of the
population generation anticipated for this Property. Developer
agrees that it will make contributions of money to the Village
for payment to School Districts #96 and #125 according to the
criteria of said Title. The contribution of money to School
Districts #96 and #125 will be by way of payment to the Vil-
lage, to be made prorata concurrently with the issuance of
building permits by the Village.
22 . Libr ..ry 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. The Developer, by entering into this Agreement,
shall be deemed to have filed its written objection to the
density tables made part of Title 19. In lieu thereof, the
Developer has submitted actual population generation statistics
of the Chatham Manor Homes Development in Buffalo Grove, which
the Developer asserts is more truly representative of the
population generation anticipated for this Property. Developer
agrees that it will make contributions of money to the Village
for conveyance to the Indian Trails Public Library District
according to the criteria of said Title. The contribution of
15
money to the Indian Trails Public Library District will be by
way of payment to the Village, to be made prorata concurrently
with the issuance of building permits by the Village, provided,
however, that if either the Village or the Library District
determine, by ordinance, resolution or motion, that the money
will not be transferred to said Library District, the Village
shall promptly return to the Developer any such money that the
Village then holds, plus any interest the Village may have
collected on same.
23 . 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 this
Agreement and the development of the Property in the best
interests of all the parties requires their continued coopera-
tion. The Owner does hereby evidence his intention to fully
comply with all Village requirements, his willingness to dis-
cuss any matters of mutual interest that may arise, and his
willingness to assist the Village to the fullest extent pos-
sible. The Village does hereby evidence its intent to always
cooperate in the resolution of mutual problems and its willing-
ness to facilitate the development of the Property, as contem-
plated by the provisions of this Agreement.
24. Enforceabilit 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
16
equity to secure the performance of the covenants herein de-
scribed. 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.
25. Term of Agreement. This Agreement will be binding on
all parties for a term of ten ( 10) years from the date of the
execution of this Agreement by the Village. Provided that the
appropriate phasing plan is complied with, the Developer shall
have the right to submit a final development plan for all or
any portion of the Property at any time during the term of this
Agreement.
26. Bindinq Effect of A reement. This Agreement shall be
binding upon the parties hereto, their respective successors
and assigns; provided, however, that in the event Developer' s
obligations hereunder are assumed in writing (and a copy of
which assumption is delivered to the Village) by a successor to
Developer' s interest in the Property, the Village agrees to
look solely to Developer' s successor for the performance of
Developer' s obligation hereunder. The Developer shall give the
Village 30 days prior written notice of any such assumption.
27 . Corporate Capacities. The parties acknowledge and
agree that the individuals that are members of the group con-
stituting 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.
17
26. Notices. Any notice required pursuant to the provi-
sions 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 in writing and be sent
by certified mail to the following addresses until notice of
change is given and shall be deemed received on the fifth
business day following deposit in the U. S. Mail .
If the Owner: Dennis Spoerlein, Trust No. 80
217 Alpine Drive
Lake Zurich, Illinois 60047
Irving and Lamina Stahl
Route #1
126A
Prairie View, Illinois 60069
If to Developer: Midwest Development Venture II
4849 West Golf Road
Suite 700
Skokie, Illinois 60077
Copy to: Perry J . Snyderman, Esq.
Theodore A. Shapero, Esq.
Rudnick & Wolfe
30 N. LaSalle Street
Chicago, Illinois 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60090
Copy to: Bloche, French & Raysa
1011 Lake Street
Oak Park, Illinois 60301
29. Default. In the event Developer defaults, in his
performance of his obligations set forth in this Agreement,
then the Village, may, upon notice to Developer, allow Devel-
oper sixty (60) days to cure such default or provide evidence
to the Village that such default will be cured in a timely
18
manner if it cannot be cured during said period. If Developer
fails to cure such default or provide such evidence as provided
above, then, with notice to Developer, 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 Developer 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.
30. S ecial Conditions.
A. The Developer agrees to pay for all hard costs ( labor
and materials) , specifically excluding, without limitation,
design, legal and engineering costs, and the Village will
install, an oversized 16" water line within the Property along
IL Route 83 without benefit of future recapture. Payment by
the Developer of the hard costs of the water line will be as
follows provided a final invoice has been presented to the
Developer: one-third ( 1/3 ) of such cost at the time of final
plat approval for the first portion of the Property to be
subdivided, one-third ( 1/3 ) twelve ( 12 ) months thereafter, and
one-third (1/3) twenty-four (24) months thereafter, all to be
without interest. The Developer will also cooperate with the
Village and will use its best efforts to secure and pay for an
easement, if necessary, from the Owner, for placement of such
water line within the Property.
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B. During the construction period for Phase l ( a) , the
Developer shall be required to pay for and install a sidewalk
in the public right-of-way for IL Route 83 adjoining the Property,
extending from the east boundary of the Property approximately
400' eastward to Devlin Road in Devonshire, subject to the
Developer being able to secure approval from the Illinois
Department of Transportation for this improvement.
C. The Village hereby approves the placement of the
entry signage within the required setback for the residential
roadway intersections with IL Route 83 and with Arlington
Heights Road as shown and dimensioned within the Preliminary
Development Plan. The Village ' s Sign Code shall be met in
every other case. Notwithstanding anything else to the con-
trary, the Developer shall have the right to place, in addition
to the entry signage, a total of three (3 ) 120 square foot real
estate signs, 2 within the commercial/office area, and 1 in the
residential area, provided that none of the three signs shall
be within five hundred (500) feet of each other.
D. The Corporate Authorities, based on the Plan Commission
recommendation of a plan substantially the same, hereby approve
the phasing plan described in Exhibit F-4 labelled Phasing Plan
"C" . However, notwithstanding the phasing indicated on Phasing
Plan "C" , the Developer may develop the easternmost commercial
area, designated as 1(c) , at any time prior to the development
of-the residential area designated as Phase 3 and building permits
on the Phase 2 residential area shall not be contingent on final
plat approval for Phase 1(c) . However, no final plat of sub-
20
division shall be approved for Phase 3 until a building permit
for commercial area l(c) has issued. The Village will cooperate
with the Developer to secure IRB financing, which cooperation
will include enacting such resolutions and ordinances and
taking any further action which may be necessary to issue
Industrial Revenue Bonds, for development of all or portions of
the commercial/office area. Phasing Plan "C" in no event shall
be contingent on Developer' s actual ability to service and/or
sell such IRB financing, provided that the Village continues to
use its good faith efforts to assist the Developer in securing
same .
E. The Developer shall fully design, bond and pay all
fees to the Village related to the improvements of IL Route 83
as follows :
1) Left and right turn bays on IL Route 83 at the
westerly driveway to the commercial/office area.
2 ) Left and right turn bays on IL Route 83 at the
easterly roadway into the residential area.
If notified in writing to complete all or a portion of the
above-described improvements, the Developer shall complete
construction on the easternmost left-turn and right-turn bays
within 18 months after such notification or after final plat
approval for Phase 1(a) , whichever is later. The second left-
turn and right-turn bays shall be completed no later than 18
months after final plat approval for Phase 4. However, in the
event that the Village secures federal funding for the improve-
21
ment of Illinois Route 83, the Village may require, no earlier
than one year after the date of final plat approval for Phase
1(a) , that cash in lieu of the construction of said improvements
shall be provided by the Developer to the Village in an amount
equal to the anticipated improvement costs.
F. Developer will secure a public access easement from
the service station to the adjacent B-1 parcel to the west for
potential future access. Said easement shall be noted on the
final plat of subdivision for the service station.
G. The final plans for the commercial/office area shall
indicate the location and number of handicapped parking stalls
pursuant to the BOCA Code.
H. The Developer may use the existing single family home
on the Property ( "Spoerlein Home" ) as a construction, marketing
and/or general office subject to the provisions of Section 19
hereof.
31. Trustee Excul ation. This instrument is executed by
DENNIS SPOERLEIN, not personally, but solely as Trustee afore-
said, in the exercise of the power and authority conferred upon
and vested in it as such Trustee. All the terms, provisions,
stipulations, covenants and conditions to be performed by the
Trustee are undertaken by it solely as Trustee, as aforesaid,
and not individually, and all statements herein made are made
on information and belief and are to be construed accordingly,
and no personal liability shall be asserted or be enforceable
against the Trustee by reason of any of the terms, provisions,
stipulations, covenants and/or statements contained in this
instrument.
22
IN WITNESS WHEREOF, the Corporate Authorities and Owner
and Developer 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.
THE VILLAGE OF BUFFALO GROVE,
a Municipal Corporation of
the State e Illinois
ATTEST: By: �:���--a---
,-� + Village President ,rl
,'V,illage Clerk.
lie
'DENNIS SPOER EIN, as Trustee of
Dennis Spoerlein Trust No. 80
MIDWEST DEVELOPMENT VENTURE II ,
an Illinois limi ed partnership
By: JZd3west
astandrea, General Partner
By: Development Corporation,
an Illinois corporation,
General Partner
B y:
Ja Mastandrea, President
test: 'G
At �
Its
TINGSTAHL
LAMINA STAHL
23
VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GR VE
TH I S a Lk DAY OF , 19 9�,
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo G ove, Coo and Lake Counties, Illinois,
this, day of 19
l
Village Clerk
,,�