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1993-043 4w � k 6/4/93 1 ORDINANCE NO. 93- 43 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT Seeedway Service Station, 923 N . Milwaukee Avenue 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 petition 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 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. Kahn, Braiman, Hendricks, President Mathias NAYES: 0 - None ABSENT: 2 - Reid Ru in PASSED: June 7 1993 APPROVED: June 7. 1993 ATTEST: APPRO Vil Jerk I N H it age resident . CL/7/93 SPEEDWAY SERVICE STATION 923 N . Milwaukee Avenue TABLE OF CONTENTS 1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Agreement: -Corrp i i ante and Va l i d i t 2 3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. Enactment of Zonin Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. Pmendnent of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . 4 10 . Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 . Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 . Security for Public and Private Sm te Improvements. . . . . . . . . . . . . . . . 5 13. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Bui Id i , Landscapin and Atheti Pl . . . . . . . . . . . . . . . . . . . . . . . 6 �ram� �� � es cs ans_ 16. Facilitation of Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 17 EnforbiIity of the A r� ement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 „__._..cea� _�.. 18. Term of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 t of regiment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 19. B i nd i ng_E f f ec.._.��. .a 20. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 21 . Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 22 . Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 23. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 24. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SPEEDWAY SERVICE STATION 923 N. Milwaukee Avenue ANNEXATION AGREEMENT Location Ma / / JOHN N DR 1 . �G 83 CO BU o 3 LINDEN AVE. B3 Subject Property 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 B-3 District; 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. seq. , 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 petition pursuant to and in accordance with provisions of Section 5/7-1-8 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 B-3 District, 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. 2 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 B-3 District 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 use of the Property in accordance with the Preliminary Plan (EXHIBIT C) and other exhibits attached hereto or incorporated by reference herein. 5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (EXHIBIT C) pursuant to the provisions of the Development Ordinance. The Corporate Authorities agree to approve a Development Plan 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 : (a) conform to the approved Preliminary Plan, and (b) conform to the terms of this Agreement and all applicable Village Ordinances as amended from time to time. 6. Compliance 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 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. 7. Amendment of Plan. If the Owner desires to make changes in the Preliminary Plan, as herein approved, the parties agree that such changes in the Preliminary 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 the Preliminary Plan. 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 Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, 3 provided that no such changes--(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 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. 9. 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 C are hereby approved by the Village. It is understood, however, 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 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 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. 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 jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Department of Public Works for the collection of sewage as may be appropriate. The Owner shall construct on-site 4 and off-site sanitary sewers as may be necessary to service the Property, as per EXHIBIT C. It is understood, however, 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 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 in the future. It is understood, however, 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 record a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. 11 . 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. 12. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance. 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. 5 13. 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 dated March 10, 1993 EXHIBIT C Preliminary Plan dated April 13, 1993 by Emro Marketing Co. EXHIBIT D Landscaping Plan dated March 20, 1993 by Emro Marketing Co. EXHIBIT E Sign Package 14. Annexation Fee. Owner agrees to pay an annexation fee of $3,040.00 which shall be payable at the time that permits are issued for water and sewer connections. 15. Building, Landscapin and Aesthetics Plans. Owner will submit landscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for approval by the Appearance Commission and the Corporate Authorities. Any modifications to existing signage and outdoor lighting on the Property are subject to Village approval. 16. 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, 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. 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 6 shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the provisions contained herein. 18. Term of Agreement. This Agreement will be binding on all parties and the Property until December 31 , 2018. This Agreement shall not be assigned without prior written consent of the Village. 19. Binding Effect of Agreement. This Agreement shall be binding upon the Property, the parties hereto and their respective successors and assigns. 20. 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. 21 . 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. R_ If to Owner: Emro Marketing Company 500 Speedway Drive Enon, Ohio 45323 Copy to: John C. Broihier, Esq. DiLeonardi and Broihier, Ltd. 2700 River Road, Suite 211 Des Plaines, IL 60018 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 22. 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 7 provided above, then, with notice to Owner, the Village may begin proceedings to disconnect the Property from the Village or at the option of the Village, to rezone the Property to the R-E District classification . In such event, this Agreement shall be considered to be the petition of the Owner to disconnect the Property, or at the option of the Village to rezone such Property to the R-E District classification. 23. Litigation. A. The Owner, at its cost, shall be responsible for any litigation which may arise relating to the annexation, zoning and development of the Property. Owner shall cooperate with the Village in said litigation but Owner's counsel will have principal responsibility for such litigation. B . The Owner shall reimburse the Village for reasonable attorney's fees, expenses and costs incurred by the Village resulting from litigation relating to the annexation, zoning and development of the Property or in the enforcement of any of the terms of this Annexation Agreement upon a default by the Owner. C. Owner hereby indemnifies and holds the Village harmless from any actions or causes of action which may arise as a result of development activities for which the Owner is responsible. 24. Special Conditions. A. Owner shall pay a fire protection impact fee of $2,530.00 based on the rate of $0.75 per gross square foot of the principal building on the Property. Said fee shall be paid at the time that permits are issued for water and sewer connections. B. Owner shall provide a six-foot wide easement along the north side of Riverwalk Drive for the construction, maintenance and use of a public sidewalk/bikepath. Said easement is subject to Village approval, and shall be provided at the time permits are issued for water and sewer connections. The Village of Buffalo Grove shall be responsible for the design, construction, installation and continuing maintenance of said public sidewalk/bikepath. C. Merchandise may be displayed for immediate sale outside the principal building on the Property but said merchandise shall be kept and displayed only on the existing sidewalk immediately surrounding the principal building and on the existing raised gas pump islands under the canopies. Said displays shall be kept neat and orderly, and shall not cause any visual 8 obstructions or safety hazards on the Property. Merchandise shall not be displayed in an, other locations on the Property outside of the principal building. D. 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. E. Signs on the Property shall be permitted to remain in use except that all reader board signs and temporary signs shall be removed within thirty (30) days of the date of this Annexation Agreement, and window signage shall comply immediately to the Buffalo Grove Sign Code. Existing signs that do not comply with the Buffalo Grove Sign Code shall be brought into compliance by December 10, 2017. If said existing signs are damaged, said signs may be repaired if damage does not exceed 95 percent of the value of said signs. No additional signs will be permitted until all existing signs are in compliance with the Buffalo Grove Sign Code. If use of the Property changes to any entity other than the current Speedway/Starvin Marvin business, all signs on the Property shall be brought into compliance with the Buffalo Grove Sign Code upon said change. F. Owner shall apply for a Village business license and certificate of occupancy within thirty (30) days of the date of this Agreement. The Property is subject to inspection by the Village prior to the issuance of said license and said certificate of occupancy. G. Owner shall restrict access on the southerly driveway from the Property to Milwaukee Avenue to right-in, right-out turns. H . Within seven (7) days of the date of this Agreement Owner shall file the appropriate registration with the Illinois Department of Revenue to reflect that the Property is within the Village of Buffalo Grove for sales tax purposes. A copy of said registration shall be forwarded to the Village within said seven day period. 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. 9 VILLAGE F OF G VE By ATTEST: OWNER By ATTEST: 100 7K,P;1/1) 10 SPEEDWAY SERVICE STATION E1�IHIT A LEGAL DESCRrPTION Emro Marketing Company Buffalo drove Annwmtion Parcel 1 Lots 21 and 22 in Block 3 in Unit No. 2 of Columbian Gardens, being a Subdivision of Section 35, Township 43 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof, recorded July 10, 1926 as Document 282352, in Book "P" of Plats, page 92 in Lake County, Illinois. Parcel 2 The Westerly 1/2 of the alley Easterly and adjoining Lot 21 in Block 3, and the Easterly half of the Alley Westerly and adjoining Lot 22 in Block 3, all in Unit No. 2 of Columbian Gardens aforesaid, vacated by the instrument recorded April 3 , 1978 as Document 1907357 in Lake County, Illinois. Parcel 3 Lots 14, 15, 16, 17, 18, 19, 20, 23 , 24 , 25 and 26 in Block 3 in Unit 2 of Columbian Gardens, being a Subdivision in Section 35, Township 43 North, Range 11, East of the Third Principal Meridian, according to the plat thereof, recorded July 10, 1926, as Document 282352, in Book "P" of Plats, page 92 , • in Lake. County, Illinois. Parcel 4 The South Westerly half of vacated alley lying North Easterly and adjoining Lots 3.4 to 20, both inclusive, in Parcel 1, and the North Easterly half of the vacated alley lying South Westerly and adjoining Lots 23 and 24 , and that part lying South Westerly and adjoining and accruing Lot 25 , Parcel 1, vacated by the Instrument recorded April 28 , 1978 , as Document 1913494, in Lake County, Illinois; and to the far side of any adjacent unincorporated highway. VILLAGE OF BUFFALO GROVE ORDINANCE NO. 7� ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GRPYE THIS DAY OF 19� Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & L ke Counties, Illinois, this day of 19�. 67 Village,/Clerk By �16 4/ eputy Village Clerk